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WELD COUNTY
CODE ORDINANCE 2019-10
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTE - 21
AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST
ARTICLE I - Administrative Regulations
Division 1 - Introductory and General Provisions
Amend Sec. 21-1-10. Title and citation.
The regulations found in this Chapter 21 may be referred to generally as the 1041 Regulations,
unless the specific regulations adopted for the designated area or activity of state interest has a
designated name for that Article of this Chapter 21. All citations hereto shall be with reference to
the Section numbers of the Weld County Code, as set forth herein.
Amend Sec. 21-1-20. Purpose and findings.
A. Purpose and intent. The purpose and intent of the Section 1041 Regulations is to facilitate
identification, designation and administration of matters of state interest consistent with the
statutory requirements and criteria set forth in C.R.S. §24-65.1-101, et seq.
B. Findings. With respect to these 1041 Regulations, the Board of County Commissioners finds
as follows:
Delete 1 and renumber, as follows:
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1. The 1041 Regulations are necessary because of the intensity of current and foreseeable
development pressures on and within the County and to promote the health, safety and
welfare of the citizens, and to protect the environment and wildlife of Weld County;
Delete 3 and renumber, as follows:
2. The 1041 Regulations apply to the entire unincorporated territory of the County; and
3. The 1041 Regulations interpret and apply to any regulations adopted for specific areas of
state interest and specific activities of state interest which have been or may be designated
by the Board of County Commissioners.
Amend Sec. 21-1-30. Legal authority.
The 1041 Regulations are authorized by and through the Colorado Areas and Activities of
State Interest Act ("AASIS"), C.R.S. §§24-65.1-101, et seq.; the Colorado Local Government Land
Use Enabling Act, C.R.S. §§29-20-101, et seq., including, without limitation, C.R.S. §29-20-104;
the County Planning and Building Code statutes set forth in C.R.S. Title 30, Article 28; and the
powers and authorities conferred upon home rule counties set forth in C.R.S. Title 30, Article 35,
including authority to adopt the Weld County Home Rule Charter to ensure self-determination and
to promote the health, safety, security and general welfare of the people of Weld County.
Amend Sec. 21-1-40. Applicability.
The 1041 Regulations shall apply to all proceedings concerning identification and designation
of any developments in any area of state interest or any activity of state interest which has been
or may hereafter be designated by the Board of County Commissioners, and the control of
development in any such area or activity within the County, unless specifically excepted pursuant
to the provisions of the regulations in the applicable Article of this Chapter 21.
Amend Sec. 21-1-50. Exemptions.
The portions of the 1041 Regulations authorized exclusively under Section 24-65.1-101, et
seq., C.R.S., shall not apply to any development in an area of state interest or any activity of state
interest which meets any one (1) of the following conditions, as of May 17, 1974: (a) the specific
development or activity was covered by a current building permit issued by the County; (b) the
specific development or activity had been approved by the electorate of the County; or (c) the
specific development or activity is to be on land: (i) which has been conditionally or finally
approved by the County for planned unit development or for a use substantially the same as
planned unit development; (ii) which has been zoned by the County for the use contemplated by
such development or activity; or (iii) with respect to which a development plan has been
conditionally or finally approved by the County.
Amend Sec. 21-1-60. Relationship of 1041 Regulations to other county, state and federal
requirements.
A. More restrictive County standards or requirements control. Whenever the 1041 Regulations
are found to be inconsistent with any other applicable resolution, ordinance, code, regulation
or other enactment of the County, the enactment imposing the more restrictive standards or
requirements shall control.
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B. Statutory criteria in C.R.S. §24-65.1-202 and §24-65.1-204, control if the 1041 Regulations
are less stringent. In the event the 1041 Regulations are found to be less stringent than the
statutory criteria for administration of matters of state interest set forth in C.R.S. §24-65.1-202
and §24-65.1-204, the statutory criteria shall control.
C. The 1041 Regulations control if statutory criteria less stringent in C.R.S. §24-65.1-202 and
§24-65.1-204. In the event the 1041 Regulations are found to be more stringent than the
statutory criteria for administration of matters of state interest set forth in C.R.S. §24-65.1-
202 and §24-65.1-204, these 1041 Regulations shall control pursuant to the authority of
C.R.S. §24-65.1-402(3).
D. The 1041 Regulations set forth in Article V Chapter 21 control in cases of overlapping
requirements of this Code. Where the 1041 Regulations set forth in Article V of Chapter 21
overlap with other applicable regulations in this Code, then the 1041 Regulations set forth in
Article V of Chapter 21 control.
E. The 1041 Regulations are in addition to, and not in lieu of, other regulations of the County.
The 1041 Regulations are intended to be applied in addition to, and not in lieu of, all other
regulations of the County, including, without limitation, the zoning, subdivision, planned unit
development, regional urbanization area, intergovernmental agreement, individual sewage
disposal system and Comprehensive Plan portions of this Code.
Delete F. Permit requirements and reletter subsequent item, as follows:
F. Other governmental agencies. In the event that any political subdivision, agency,
instrumentality or corporation of the State of Colorado or the United States government, or an
entity regulated by such a designated governmental unit, seeks to conduct a designated area
or activity of state interest in the County, the intent of the 1041 Regulations is that the Board
of County Commissioners shall exercise its authority pursuant to the 1041 Regulations and
state statutes to the maximum extent allowable consistent with federal and state law and
regulations.
Amend Sec. 21-1-70. Duties of Board of County Commissioners.
Unless otherwise specifically provided for, it shall be the duty of the Board of County
Commissioners to perform all of the functions set forth in this Article I, and those specified in
Articles II, III, and IV of this Chapter 21. The Board of County Commissioners shall also be
generally empowered to hear appeals from any person aggrieved by any decision of the Planning
Director made in the course of administering these 1041 Regulations. Any such appeal shall
follow the appeals procedure set forth in Section 2-4-10 of this Code.
Amend Sec. 21-1-90. Definitions.
The words and terms used in these 1041 Regulations for administration of areas and activities
of state interest shall have the meanings set forth below, unless the context requires otherwise:
Designation: Only that legal procedure specified by C.R.S. §24-65.1-401, et seq., and
specified in this Article I as carried out by the Board of County Commissioners.
Development: Any construction or activity which changes the basic character or the use of the
land upon which the construction or activity occurs, as determined in accordance with the
provisions of Chapter 23 of this Code.
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Division 2 - Designation of Matter of State Interest
Amend Sec. 21-1-210. Public hearing required.
A. and B. — No change.
C. (Repealed.)
Amend Sec. 21-1-220. Notice of public hearing, mailing list, publication.
A. and B. — No change.
C. At least thirty (30) days but no more than sixty (60) days before the public hearing, the Board
of County Commissioners shall publish the notice one (1) time in the newspaper of general
circulation in the County designated by the Board as the County legal newspaper and shall
mail the notice by first class mail to each of the following:
1. State and federal agencies, as deemed appropriate in the discretion of the Board of
County Commissioners.
Remainder of Section — No change.
Amend Sec. 21-1-230. Matters to be considered at designation hearing.
At the public hearings on designation, the Planning Commission, to the extent applicable, and
the Board of County Commissioners shall consider such evidence as they deem appropriate,
including, but not limited to, testimony and documents addressing the following considerations:
A. — No change.
B. The matters and considerations set forth in any applicable guidelines.
Remainder of Section — No change.
Amend Sec. 21-1-260. Adoption of designation and regulations.
A. thru D. — No change.
E. Adoption of regulations adopted after designation of a matter of State interest shall be enacted
by Code amendment through adoption of a Code ordinance change.
Sec. 21-1-270. Submission of material to Colorado Land Use Commission. (Repealed.)
Amend Sec. 21-1-290. Effect of designation - moratorium until final determination.
Except for the 1041 WOGLA Permit regulations and procedures set forth in Article V of this
Chapter 21, after a matter of state interest is designated pursuant hereto, no person shall engage
in development in such area and no such activity shall be conducted until the designation and
regulations for such area or activity are finally determined as required by C.R.S. §24-65.1-404(4).
ARTICLE II - Permit Regulations
The permit regulations set forth in this Article II shall not apply to the regulations and
procedures regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21.
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Division 5 - Administration, Enforcement and Penalties
Amend Sec. 21-2-500. Enforcement and penalties.
Any person engaging in a development in a designated area of a state interest or conducting
a designated activity of state interest who does not obtain a permit pursuant to these 1041
Regulations, who does not comply with permit requirements, or who acts outside the authority of
the 1041 Permit, may be enjoined by the County from engaging in such development or
conducting such activity, and may be subject to such other criminal or civil liability as may be
prescribed by law.
ARTICLE III - Site Selection and Construction of Major Facilities of a Public Utility
Division 2 - Designation of Site Selection and Construction of Major Facilities of a Public
Utility
Amend Sec. 21-3-200. Designation of site selection and construction of major facilities of
a public utility.
The Board of County Commissioners, having considered the intensity of current and
foreseeable development pressures, and the provisions and requirements of these 1041
Regulations, orders that the designation of site selection and construction of major facilities of a
public utility as a matter of state interest made by the Board on May 16, 2001, is hereby ratified
and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter.
Remainder of Section — No change.
Add New ARTICLE V — Guidelines and Regulations for Oil and Gas Exploration and
Extraction in the Unincorporated Area of Weld County (Designated as Mineral Resource
Area of State Interest)
Division 1 — General and Introductory Provisions
Sec. 21-5-10. Purpose, intent and authority.
On June 10, 2019, pursuant to the provisions of Article I of this Chapter, the Board of County
Commissioners of Weld County designated the entire unincorporated area of Weld County,
Colorado, as a mineral resource (oil and gas) area of state interest [the "Mineral Resource (Oil
and Gas) Area"], through the authority delegated to Local Governments in Section 24-65.1-202,
C.R.S. Such designation is contained in Section 21-5-200, below. The regulations (referred to
herein as "1041 WOGLA Regulations") set forth in this Article IV are also made pursuant to the
authority granted Weld County in the Colorado Areas and Activities of State Interest Act
("AASIS"), Sections 24-65.1-101, et seq., C.R.S.; the Colorado Local Government Land Use
Enabling Act, Sections 29-20-101, et seq., C.R.S., including, without limitation, Section 29-20-
104, C.R.S.; the County Planning and Building Code statutes set forth in Title 30, Article 28,
C.R.S.; the powers and authorities conferred upon home rule counties set forth in Title 30, Article
35, C.R.S., including authority to adopt the Weld County Home Rule Charter to ensure self-
determination and to promote the health, safety, security and general welfare of the people of
Weld County; and all of the authorities granted to Local Governments in Title 34, Article 60, C.R.S.
and in particular all of the amendments thereto included in S.B. 19-181. The purpose and intent
of the 1041 WOGLA Regulations set forth in this Article III are to:
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A. Encourage planned and orderly oil and gas development in Weld County;
B. Provide for the needs of agriculture, industry, commerce, residential communities and
recreation in future growth in Weld County;
C. Encourage uses of land and other natural resources which are in accordance with their original
character and adaptability in Weld County;
D. Conserve soil, water and agricultural resources; to protect vested water and property rights;
and to encourage the exploration and extraction of oil and gas within the Mineral Resource
(Oil and Gas) Area in Weld County;
E. Protect air quality in Weld County;
F. Protect the environment and wildlife in Weld County;
G. Promote the efficient and economic use of public resources in Weld County;
H. Protect and administer the Mineral Resource (Oil and Gas) Area in such a manner as to permit
the exploration and extraction of oil and gas and thereby minimize waste, unless such
exploration and extraction would cause significant danger to public health, safety, welfare,
environment and wildlife in Weld County;
I. Balance the protection, mitigation of damage to and enhancement of environmental resources
with the exploration and extraction of oil and gas within the Mineral Resource (Oil and Gas)
Area in Weld County; and
J. Regulate the exploration and extraction of oil and gas within the Mineral Resource (Oil and
Gas) Area to balance the rights associated with property ownership of mineral owners with
the protection of the environment and wildlife in Weld County and the health, safety and
welfare of the citizens of Weld County.
Sec. 21-5-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designation of site selection and construction of major facilities of a public utility shall be
construed to have the meanings set forth as follows:
1041 WOGLA Permit: means a Weld Oil and Gas Location Assessment permit issued
pursuant to this Article V.
Applicant: means the person who applies for a 1041 Weld County Oil and Gas Location
Assessment ("1041 WOGLA") permit. The Applicant may be referred to herein as the "1041
WOGLA Permittee."
Barrel: means 42 (U.S.) gallons at 60° F at atmospheric pressure.
Base Fluid: means the continuous phase fluid type, such as water, used in a hydraulic
fracturing treatment.
Best Management Practices (BMP's): means practices that are designed to prevent or reduce
impacts caused by Oil and Gas Operations to air, water, soil, or biological resources, and to
Minimize Adverse Impacts to public health, safety and welfare, including the environment and
Wildlife Resources.
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Building Unit, for obtaining a 1041 WOGLA Permit, means a Residential Building Unit; and
every five thousand (5,000) square feet of building floor area in commercial facilities or every
fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and
normally occupied during working hours.
Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas Location as
measured from the Oil and Gas Location's disturbance area boundary in every direction.
Cement: means a powdery substance made with calcined lime and clay. It is mixed with
water to form mortar or mixed with sand, gravel, and water to make concrete and may be
measured in 94 -pound sacks.
Centralized E&P Waste Management Facility: means a facility, other than a commercial
disposal facility regulated by the Colorado Department of Public Health and Environment, that (1)
is either used exclusively by one owner or Operator or used by more than one Operator under an
operating agreement; and (2) is operated for a period greater than three (3) years; and (3)
receives for collection, treatment, temporary storage, and/or disposal produced water, drilling
fluids, completion fluids, and any other exempt E&P Wastes that are generated from two or more
production units or areas or from a set of commonly owned or operated leases. This definition
includes oil -field naturally occurring radioactive materials (NORM) related storage,
decontamination, treatment, or disposal. This definition excludes a facility that is permitted in
accordance with COGCC Rule 903.
Chemical(s): means any element, Chemical compound, or mixture of elements or compounds
that has its own specific name or identity such as a Chemical abstract service number, whether
or not such Chemical is subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2) (2011).
Child Care Center means a Child Care Center as defined in Section 26-6-102(5), C.R.S., that
is in operation at the time of the 1041 WOGLA Permit notice pursuant to Section 21-5-320.B.,
below. A Child Care Center will include any associated outdoor play areas adjacent to or directly
accessible from the center and is fenced or has natural barriers, such as hedges or stationary
walls, at least four (4) feet high demarcating its boundary.
Classified Water Supply Segment: means perennial or intermittent streams, which are surface
waters classified as being suitable or intended to become suitable for potable water supplies by
the Colorado Water Quality Control Commission, pursuant to the Basic Standards and
Methodologies for Surface Water Regulations (5 C.C.R. 1002-31).
COGCC: means the Oil and Gas Conservation Commission of the State of Colorado.
Commercial Disposal Well Facility: means a facility whose primary purpose is disposal of
Class II fluid waste (as defined in 40 C.F.R. §144.6(b)) waste from a third party for financial profit.
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Completion: means an Oil Well shall be considered completed when the first new oil is
produced through wellhead equipment into lease Tanks from the ultimate producing interval after
the production string has been run. A Gas Well shall be considered completed when the Well is
capable of producing gas through wellhead equipment from the ultimate producing zone after the
production string has been run. A dry hole shall be considered completed when all provisions of
plugging are complied with as set out in these rules. Any Well not previously defined as an Oil
Well or Gas Well, shall be considered completed ninety (90) days after reaching total depth. If
approved by the OGED Director, a Well that requires extensive testing shall be considered
completed when the drilling rig is released or six months after reaching total depth, whichever is
later.
Comprehensive Drilling Plan: means a plan created by one or more Operator(s) covering
future Oil and Gas Operations in a defined geographic area within a geologic basin. The Plan
may (a) identify natural features of the geographic area, including vegetation, Wildlife Resources,
and other attributes of the physical environment; (b) describe the Operator's future Oil and Gas
Operations in the area; (c) identify potential impacts from such operations; (d) develop agreed -
upon measures to avoid, minimize, and mitigate the identified potential impacts; and (e) include
other relevant information. A Comprehensive Drilling Plan must be approved by the 1041
Hearing Officer and shall be valid for a period of six (6) months unless extended by the 1041
WOGLA Hearing Officer.
Container means any portable device in which a hazardous material is stored, transported,
treated, disposed of, or otherwise handled. Examples include, but are not limited to, drums,
Barrels, totes, carboys, and bottles.
Crop Land: means lands which are cultivated, mechanically or manually harvested, or
irrigated for vegetative agricultural production, excluding range land.
Day: means calendar day.
Designated Setback Location: means any Oil and Gas Location upon which any Well or
Production Facility is or will be situated within, a Buffer Zone Setback (1,000 feet), or a Building
Unit Setback (500 feet), or within one thousand (1,000) feet of a High Occupancy Building Unit or
a DOAA. The measurement for determining any Designated Setback Location shall be the
shortest distance between the Oil and Gas Location and the nearest edge or corner of any
Building Unit, nearest edge or corner of any High Occupancy Building Unit, or nearest boundary
of any DOAA.
Designated Outside Activity Area ("DOAA'): means
1. An outdoor venue or recreation area, such as a playground, permanent sports Field,
amphitheater, or other similar place of public assembly owned or operated by a Local
Government, which the Local Government requests to have established as a DOAA; or
2. An outdoor venue or recreation area, such as a playground, permanent sports Field,
amphitheater, or other similar place of public assembly where ingress to, or egress from
the venue could be impeded in the event of an emergency condition at an Oil and Gas
Location less than three hundred and fifty (350) feet from the venue due to the
configuration of the venue and the number of persons known or expected to
simultaneously occupy the venue on a regular basis.
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The 1041 WOGLA Hearing Officer shall determine whether to establish a DOAA and, if
so, the appropriate boundaries for the DOAA based on the totality of circumstances and
consistent with the purposes of this Article V.
OGED: means the Weld County Oil and Gas Energy OGED.
OGED Director means the Director of the Weld County Oil and Gas Energy OGED.
Drilling Pits: means those Pits used during drilling operations and initial Completion of a Well,
and include:
1. Ancillary Pits used to contain fluids during drilling operations and initial Completion
procedures, such as circulation Pits and water storage Pits.
2. Completion Pits used to contain fluids and solids produced during initial Completion
procedures, and not originally constructed for use in drilling operations.
3. Flowback Pits used to contain fluids and solids produced during initial Completion
procedures.
4. Reserve Pits used to store drilling fluids for use in drilling operations or to contain E&P
Waste generated during drilling operations and initial Completion procedures.
Exploration And Production Waste ("E&P Waste"): means those wastes associated with
operations to locate or remove oil or gas from the ground or to remove impurities from such
substances and which are uniquely associated with and intrinsic to oil and gas exploration,
development, or production operations that are exempt from regulation under Subtitle C of the
Resource Conservation and Recovery Act (RCRA), 42 USC Sections 6921, et seq. For natural
gas, primary Field operations include those production -related activities at or near the wellhead
and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but
prior to transport of the natural gas from the gas plant to market.
In addition, uniquely associated wastes derived from the production stream along the gas plant
feeder Pipelines are considered E&P Wastes, even if a change of custody in the natural gas has
occurred between the wellhead and the gas plant. In addition, wastes uniquely associated with
the operations to recover natural gas from underground storage Fields are E&P Waste.
Field: means the general area which is underlaid or appears to be underlaid by at least one
pool; and "Field" shall include the underground reservoir or reservoirs containing oil or gas or
both. The words "Field" and "pool" mean the same thing when only one underground reservoir is
involved; however, "Field," unlike "pool," may relate to two or more pools.
Financial Assurance: means a surety bond, cash collateral, certificate of deposit, letter of
credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other
instrument or method in favor of and acceptable to the OGED Director. The term encompasses
general liability insurance.
Floodplain: means any land area susceptible to being inundated as a result of a flood,
including the area of land over which floodwater would flow from the spillway of a reservoir. The
FEMA-mapped Floodplains are shown on FEMA's DFIRM, FIRM and FBFM maps.
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Flowline: means a segment of pipe transferring oil, gas, or condensate and/or water between
a wellhead and processing equipment to the load point or point of delivery to a U.S. Department
of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated Gathering Line or a segment of pipe transferring produced water
between a wellhead and the point of disposal, discharge, or loading. This definition of Flowline
does not include a Gathering Line. The different types of Flowlines are:
1. Wellhead Line: A Flowline that transfers Well production fluids from an Oil or Gas Well to
processing equipment (e.g., separator, production separator, Tank, heater treater), not
including preconditioning equipment such as sand traps and line heaters, which do not
materially reduce line pressure.
2. Production Piping: A segment of pipe that transfers Well production fluids from a wellhead
line or production equipment to a Gathering Line or storage vessel and includes the
following:
a. Production Line: A Flowline connecting a separator to a meter, LACT, or Gathering
Line;
b. Dump Line: A Flowline that transfers produced water, crude oil, or condensate to a
storage Tank, Pit, or process vessel and operates at or near atmospheric pressure at
the Flowline's outlet;
c. Manifold Piping: A Flowline that transfers fluids into a piece of Production Facility
equipment from lines that have been joined together to comingle fluids; and
d. Process Piping: All other piping that is integral to oil and gas exploration and
production related to an individual piece or a set of Production Facility equipment
pieces.
3. Off -Location Flowline: A Flowline transferring produced fluids (crude oil, natural gas,
condensate, or produced water) from an Oil and Gas Location to a Production Facility,
injection facility, Pit, or discharge point that is not on the same Oil and Gas Location. This
definition also includes Flowlines connecting to gas compressors or gas plants.
4. Peripheral Piping: A Flowline that transfers fluids such as fuel gas, lift gas, instrument gas,
or power fluids between oil and gas facilities for lease use.
5. Produced Water Flowline: A Flowline on the Oil and Gas Location used to transfer
produced water for treatment, storage, discharge, injection or reuse for Oil and Gas
Operations.
A segment of pipe transferring only freshwater is not a Flowline.
Future School Facility: means a School Facility that is not yet built, but that the School or
School Governing Body plans to build and use for students and staff within three years of the date
the School or School Governing Body receives a 1041 WOGLA Permit notice pursuant to Section
21-5-320 B., below. To be considered a Future School Facility, the following requirements must
be satisfied:
1. For public, non -charter Schools, the School Governing Body must affirm the nature,
timing, and location of the Future School Facility in writing; or
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2. For charter Schools, the School must have been approved by the appropriate School
district or the State Charter School Institute, Section 22-30.5-505, C.R.S., at the time it
receives a 1041 WOGLA Permit notice pursuant to Section 21-5-320 B., below, and the
School Governing Body must affirm the nature, timing, and location of the Future School
Facility in writing; or
3. For private Schools, the School Governing Body must be registered with the Office of the
Colorado Secretary of State at the time it receives a 1041 WOGLA Permit notice pursuant
to Section 21-5-320 B., below, and must provide documentation proving its registration
with the Office of the Colorado Secretary of State, its tax-exempt status, and its submitted
Land Use plans to the relevant Local Government building and planning office.
Gas Facility: means those facilities that process or compress natural gas after production -
related activities which are conducted at or near the wellhead and prior to a point where the gas
is transferred to a carrier for transport.
Gas Storage Well: means any Well drilled for the injection, withdrawal, production,
observation, or monitoring of natural gas stored in underground formations. The fact that any
such Well is used incidentally for the production of native gas or the enhanced recovery of native
hydrocarbons shall not affect its status as a Gas Storage Well.
Gas Well: means a Well, the principal production of which at the mouth of the Well is gas, as
defined by the Colorado Oil and Gas Conservation Act ("the Act").
Gathering Line: means a gathering Pipeline or system as defined by the Colorado Public
Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a
Pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials
Safety Administration pursuant to 49 C.F.R. Section 195.2 or 192.8. 49 C.F.R. Section 195.2 or
192.8 and 4 C.C.R. 723-4901 in existence as of the date of this regulation and does not include
later amendments. 49 C.F.R. Section 195.2 or 192.8 and 4 C.C.R. 723-4901. Additionally, 49
C.F.R. Section 195.2 or 192.8 may be found at https://www.phmsa.dot.gov, and 4 C.C.R.
7234901 may be found at https://www.sos.state.co.us.
Groundwater means subsurface waters in a zone of saturation.
High Occupancy Building Unit: means
1. Any School, Nursing Facility as defined in Section 25.5-4-103(14), C.R.S., Hospital, Life
Care Institutions as defined in Section 12-13-101, C.R.S., or Correctional Facility as
defined in Section 17-1-102(1.7), C.R.S., provided the facility or institution regularly serves
50 or more persons; or
2. A licensed operating Child Care Center.
Hydraulic Fracturing Additive: means any Chemical substance or combination of substances,
including any Chemicals and Proppants, that is intentionally added to a Base Fluid for purposes
of preparing a hydraulic fracturing fluid for treatment of a Well.
Hydraulic Fracturing Fluid: means the fluid, including the applicable Base Fluid and all
hydraulic fracturing additives, used to perform a hydraulic fracturing treatment.
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Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by the application
of hydraulic fracturing fluid under pressure that is expressly designed to initiate or propagate
fractures in a target geologic formation to enhance production of oil and natural gas.
LACT ("Lease Automated Custody Transfer): means the transfer of produced crude oil or
condensate, after processing or treating in the producing operations, from storage vessels or
automated transfer facilities to Pipelines or any other form of transportation.
Land Application: means the disposal method by which E&P Waste is spread upon or
sometimes mixed into soils.
Land Treatment: means the treatment method by which E&P Waste is applied to soils and
treated to result in a reduction of hydrocarbon concentration by biodegradation and other natural
attenuation processes. Land Treatment may be enhanced by tilling, disking, aerating, composting
and the addition of nutrients or microbes.
Large UMA Facility: means any Oil and Gas Location proposed to be located in an Urban
Mitigation Area and on which:
1. The Operator proposes to drill eight (8) or more new Wells; or
2. The cumulative new and existing on -site storage capacity for produced hydrocarbons
exceeds four -thousand (4,000) Barrels.
Local Government: means a county (in this Article V other than Weld County), home rule or
statutory city, town, territorial charter city or city and county, or any special district established
pursuant to the Special District Act, Sections 32-1-101 to 32-11-807 (2013) C.R.S.
Local Governmental Designee ("LGD'): means the office designated to receive, on behalf of
the Local Government, copies of all documents required to be filed with the LGD pursuant to
these rules.
Mineral Owner: means the person who has the right to drill into and produce from a pool and
to appropriate the oil or gas produced therefrom either for such Owner or others or for such Owner
and others, including Owners of a Well capable of producing oil or gas, or both.
Minimize Adverse Impacts: means, wherever reasonably practicable, and taking into
consideration cost effectiveness, technical feasibility and the Development Standards set forth in
Section 21-5-320 E. and Division 4 of this Article V, to avoid adverse impacts to Wildlife
Resources or to the environment, including cumulative impacts where practicable, and minimize
the extent and severity of those impacts that cannot be avoided, mitigate the effects of
unavoidable remaining impacts, regarding Development Standards and actions and decisions
taken to minimize adverse impacts from Oil and Gas Operations.
Minimize Erosion: means implementing BMPs that are selected based on site specific
conditions and maintained to reduce erosion. Representative erosion control practices include,
but are not limited to, revegetation of disturbed areas, mulching, berms, diversion dikes, surface
roughening, slope drains, check dams, and other comparable measures.
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Mitigation with respect to Wildlife Resources means measures that, in instances where
alternative siting is not feasible, compensate for adverse impacts to such resources, including, as
appropriate, habitat enhancement, on -site habitat mitigation, off -site habitat mitigation, or
mitigation banking.
Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or disposal of E&P
Wastes generated from more than one (1) Well that do not constitute a Centralized E&P Waste
Management Facility and that will be in use for no more than three (3) years.
Multi -Well Site: means a common Well pad from which multiple Wells may be drilled to various
bottom -hole locations.
Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal
Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this
Code.
Non -Crop Land: means all lands which are not defined as Crop Land, including range land.
Oil and Gas Facility: means equipment or improvements used or installed at an Oil and Gas
Location for the exploration, production, withdrawal, treatment, or processing of crude oil,
condensate, E&P Waste, or gas; excluding Pipeline - natural gas and Pipeline - petroleum
products other than natural gas, as those terms are defined in Chapter 23 of this Code, and all
other Pipelines and Flowlines used or installed at the Oil and Gas Facility.
Oil and Gas Location: means a definable area where an Operator has disturbed or intends to
disturb the land surface to locate an Oil and Gas Facility for the purposes of obtaining a 1041
WOGLA.
Oil and Gas Operations: means exploration for and extraction of oil and gas, including, but
not limited to, conducting seismic operations and the drilling of test bores; siting, drilling,
deepening, recompleting, reworking, or abandoning a Well; producing operations related to any
Well, including installing Flowlines; the generating, transporting, storing, treating, or disposing
exploration and production wastes; and any constructing, site preparing, or reclaiming activities
associated with such operations.
Oil Well: means a Well, the principal production of which at the mouth of the Well is oil, as
defined by the Act.
Operator means any person who exercises the right to control the conduct of Oil and Gas
Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may
be referred to herein as the "1041 WOGLA Permittee."
Pipeline, for this Article V, means a Flowline, crude oil transfer line or Gathering Line as
defined herein.
Pit: means any natural or man-made depression in the ground used for oil or gas exploration
or production purposes. Pit does not include steel, fiberglass, concrete or other similar vessels
which do not Release their contents to surrounding soils.
Plugging and Abandonment (P&A): means the cementing of a Well, the removal of its
associated production facilities, the abandonment of its Flowline(s), and the Remediation and
Reclamation of the wellsite.
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Point of Compliance: means one or more points or locations at which compliance with
applicable Groundwater standards established under Water Quality Control Commission Basic
Standards for Groundwater, Section 3.11.4, must be achieved.
Pollution: means man-made or man -induced contamination or other degradation of the
physical, Chemical, biological, or radiological integrity of air, water, soil, or biological resource.
Production Facility: means any storage, separation, treating, dehydration, artificial lift, power
supply, compression, pumping, metering, monitoring, Flowline, and other equipment directly
associated with a Well.
Proppant: means sand or any natural or man-made material that is used in a hydraulic
fracturing treatment to prop open the artificially created or enhanced fractures once the treatment
is completed.
Public Water System: means those systems shown and/or listed in Appendix VI of the
COGCC Rules. These systems provide to the public water for human consumption through pipes
or other constructed conveyances, if such systems have at least fifteen (15) service connections
or regularly serve an average of at least twenty-five (25) individuals daily at least sixty (60) days
out of the year. Such definition includes:
1. Any collection, treatment, storage, and distribution facilities under control of the Operator
of such system and used primarily in connection with such system.
2. Any collection or pretreatment storage facilities not under such control, which are used
primarily in connection with such system.
The definition of "Public Water System" does not include any "special irrigation district," as
defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1).
Reclamation: means the process of returning or restoring the surface of disturbed land as
nearly as practicable to its condition prior to the commencement of Oil and Gas Operations or to
landowner specifications. Reclamation may be interim or final as set forth in Sections 21-5-555
and 21-5-560 of this Article V.
Reference Area: means an area either (1) on a portion of the site that will not be disturbed by
Oil and Gas Operations, if that is the desired final Reclamation; or (2) another location that is
undisturbed by Oil and Gas Operations and proximate and similar to a proposed Oil and Gas
Location in terms of vegetative potential and management, owned by a person who agrees to
allow periodic access to it by the Director and the Operator for the purpose of providing baseline
information for Reclamation standards, and intended to reflect the desired final Reclamation.
Release: means any unauthorized discharge of E&P Waste to the environment over time.
Remediation: means the process of reducing the concentration of a contaminant or
contaminants in water or soil to the extent necessary to ensure compliance with the concentration
levels in Appendix 21-A and other applicable ground water standards and classifications.
Reserve Pits: means those Pits used to store drilling fluids for use in drilling operations or to
contain E&P Waste generated during drilling operations and initial Completion procedures.
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Residential Building Unit: means a building or structure designed for use as a place of
residency by a person, a family, or families. The term includes manufactured, mobile, and
modular homes, except to the extent that any such manufactured, mobile, or modular home is
intended for temporary occupancy or for business purposes.
Responsible Party: means an owner or operator who conducts an oil and gas operation in a
manner which is in contravention of any then -applicable provision of the Act, or of any rule,
regulation, or order of the Commission, or of any permit, that threatens to cause, or actually
causes, a significant adverse environmental impact to any air, water, soil, or biological resource.
RESPONSIBLE PARTY includes any person who disposes of any other waste by mixing it with
exploration and production waste so as to threaten to cause, or actually cause, a significant
adverse environmental impact to any air, water, soil, or biological resource.
Restricted Surface Occupancy Area: means the wildlife habitat areas in Weld County shown
in Appendix VII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas
shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to said
Appendix VII.
Riser means the component of a Flowline transitioning from below grade to above grade.
School: means any operating Public School as defined in Section 22-7-703(4), C.R.S.,
including any Charter School as defined in Section 22-30.5-103(2), C.R.S., or Section 22-30.5-
502(6), C.R.S., or Private School as defined in Section 22-30.5-103(6.5) C.R.S.
School Facility: means any discrete facility or area, whether indoor or outdoor, associated with
a School, that students use commonly as part of their curriculum or extracurricular activities. A
School Facility is either adjacent to or owned by the School or School Governing Body, and the
School or School Governing Body has the legal right to use the School Facility at its discretion.
The definition includes Future School Facility.
School Governing Body. means the School district board or board of directors for public
Schools or the board of trustees, board of directors, or any other body or person charged with
administering a private School or group of private Schools, or any -body or person responsible for
administering or operating a Child Care Center. A School Governing Body may delegate its
rights under these rules, in writing, to a superintendent or other staff member, or to a principal or
senior administrator of a School that is in proximity to the proposed Oil and Gas Location.
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Sensitive Area: means an area vulnerable to potential significant adverse Groundwater
impacts, due to factors such as the presence of shallow Groundwater or pathways for
communication with deeper Groundwater; proximity to surface water, including lakes, rivers,
perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas
classified for domestic use by the Colorado Water Quality Control Commission, local (water
supply) wellhead protection areas, areas within one -eighth (1/8) mile of a domestic water Well,
areas within one -quarter (1/4) mile of a public water supply Well, ground water basins designated
by the Colorado Ground Water Commission, and surface water supply areas are Sensitive Areas.
When the Operator or OGED Director has data that indicate an impact or threat of impact to
ground water or surface water, the OGED Director may require the Operator to make a Sensitive
Area determination and that determination shall be subject to the OGED Director's approval. The
Sensitive Area determination shall be made using appropriate geologic and hydrogeologic data
to evaluate the potential for impact to ground water and surface water, such as soil borings,
monitoring Wells, or percolation tests that demonstrate that seepage will not reach underlying
ground water or Waters of the State and impact current or future uses of these waters. Operators
shall submit data evaluated and analysis used in the determination to the OGED Director.
Operations in Sensitive Areas shall incorporate adequate measures and controls to prevent
significant adverse environmental impacts and ensure compliance with the concentration levels
in Appendix 21-A, with consideration to WQCC standards and classifications.
Sensitive Wildlife Habitat: means the wildlife habitat areas in Weld County shown in Appendix
VIII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas shall not affect
1041 WOGLA Permits approved prior to the effective date of any changes to said Appendix VIII
to the COGCC Rules.
Solid Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply
plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or
contained gaseous material resulting from industrial operations, commercial operations, or
community activities. Solid Waste does not include any solid or dissolved materials in domestic
sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or
industrial discharges which are point sources subject to permits under the provisions of the
Colorado Water Quality Control Act, Title 25, Article 8, C.R.S. or materials handled at facilities
licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S. Solid Waste
does not include: (a) materials handled at facilities licensed pursuant to the provisions on radiation
control in Title 25, Article 11, C.R.S.; (b) excluded scrap metal that is being recycled; or (c)
shredded circuit boards that are being recycled.
Solid Waste Disposal: means the storage, treatment, utilization, processing, or final disposal
of Solid Wastes.
Special Purpose Pits: means Pits used in Oil and Gas Operations, including Pits related to
produced water Flowlines or associated with E&P Waste from gas gathering, processing and
storage facilities, which constitute:
1. Blowdown Pits used to collect material resulting from, including but not limited to, the
emptying or depressurizing of Wells, vessels, or Flowlines, or E&P Waste from gathering
systems.
2. Flare Pits used exclusively for flaring gas.
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3. Emergency Pits used to contain liquids during an initial phase of emergency response
operations related to a Spill/Release or process upset conditions.
4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous
materials in crude oil which may settle to the bottoms of Tanks or production vessels and
which may contain residual oil.
5. Workover Pits used to contain liquids during the performance of remedial operations on a
producing Well to increase production.
6. Plugging Pits used for containment of fluids encountered during the plugging process.
Spill: means any unauthorized sudden discharge of E&P Waste to the environment.
Stormwater Runoff: means rain or snowmelt that flows over land and does not percolate into
soil and includes stormwater that flows onto and off an Oil and Gas Location or Oil and Gas
Facility, being more specifically defined in Chapter 8 of this Code.
Stratigraphic Well: means a Well drilled for stratigraphic information only. Wells drilled in a
delineated Field to known productive horizons shall not be classified as "stratigraphic." Neither
the term "Well" nor "Stratigraphic Well" shall include seismic holes drilled for obtaining geophysical
information only.
Surface Owner means any person owning all or part of the surface of land upon which Oil
and Gas Operations are conducted, as shown by the tax records of the county in which the tract
of land is situated, or any person with such rights under a recorded contract to purchase.
Surface Use Agreement ("SUA'): means any agreement in the nature of a contract or other
form of document binding on the Operator, including any lease, damage agreement, waiver, Local
Government approval or permit, or other form of agreement, which governs the Operator's
activities within the Oil and Gas Location.
Surface Water Intake: means the works or structures at the head of a conduit through which
water is diverted from a Classified Water Supply Segment and/or source (e.g., river or lake) into
the treatment plant.
Surface Water Supply Area: means the Classified Water Supply Segments within five (5)
stream miles upstream of a Surface Water Intake on a Classified Water Supply Segment. Surface
Water Supply Areas shall be identified on the Public Water System Surface Water Supply Area
Map.
Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel,
plastic) that provides structural support and is designed and operated to store produced fluids or
E&P Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks,
produced water Tanks, and gun Barrels. Exclusions include Containers and process vessels
such as separators, heater treaters, free water knockouts, and slug catchers.
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Urban Mitigation Area ("UMA"): means an area where: (A) At least twenty-two (22) Building
Units or one (1) High Occupancy Building Unit (existing or under construction) are located within
a one -thousand (1,000) foot radius of the proposed Oil and Gas Location; or (B) At least eleven
(11) Building Units or one (1) High Occupancy Building Unit (existing or under construction) are
located within any semi -circle of the one -thousand (1,000) foot radius mentioned in subsection
(A) above.
Use: means any purpose for which a structure or a tract of land may be designed, arranged,
intended, maintained or occupied; also, any activity, occupation, business or operation which is
carried on in or on a structure or on a tract of land.
Waters of the U.S.: means waters pursuant to Federal regulations enacted pursuant to the
Federal Clean Water Act.
Well, when used alone in these regulations, means an oil or Gas Well, a hole drilled for the
purpose of producing oil or gas, a Well into which fluids are injected, a Stratigraphic Well, a Gas
Storage Well, or a Well used for the purpose of monitoring or observing a reservoir.
Well Site: means the areas that are directly disturbed during the drilling and subsequent
operation of, or affected by production facilities directly associated with, any Oil Well, Gas Well,
or injection Well and its associated Well pad.
Wildcat (Exploratory) Well: means any Well drilled beyond the known producing limits of a
pool.
Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats.
All Other Words used herein shall be given their usual customary and accepted meaning, and
all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning
which is generally accepted in said oil and gas industry.
Sec. 21-5-30. Applicability and General Rules.
A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041 WOGLA") requires
additional consideration to ensure the Oil and Gas Facility and Oil and Gas Location are
developed in a manner that complies with various Development Standards set forth in Section
21-5-320 E. and Division 4 of this Article V and provides compatibility with uses located within
one -thousand (1,000) feet of the Oil and Gas Location (including School Facilities and Child
Care Centers within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas
Location). The 1041 WOGLA Permit is designed to protect and promote Weld County's
environment and wildlife and the health, safety, and welfare of the present and future residents
of the County.
B. A 1041 WOGLA Permit is required after August 5, 2019, for the construction of oil and gas
facilities in all zone districts. All existing approved or pending WOGLA's as of August 5, 2019,
are not subject to the new regulations set forth in this Article V.
C. No Oil and Gas Facility shall be constructed in any zone district until a 1041 WOGLA Permit
has been granted by a 1041 WOGLA Hearing Officer pursuant to the procedures set forth in
Section 21-5-350 of this Article V or following appeal to the Board of County Commissioners
pursuant to Section 2-4-10 of this Code. This applies to:
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1. Any new Oil and Gas Location, meaning surface disturbance at a previously undisturbed
site
7
2. Surface disturbance for purposes of modifying or expanding an existing Oil and Gas
Location; and
3. The addition of a Well or a Pit, except an emergency Pit or a flare Pit where there is no
risk of condensate accumulation, to any existing Oil and G, s Location.
D. The Department of Planning Services shall not issue a building permit for any Oil and Gas
Facility in any zone district until a 1041 WOGLA Permit has been granted.
E. No 1041 WOGLA Permit shall be required for:
1. An Oil and Gas Facility for which an application on a Form 2A has been submitted to
the COGCC on or before February 1, 2017.
2. Routine Well operations, including, but not limited to, swabbing, workovers, refracs,
recompletions and normal repairs and maintenance of an existing Oil and Gas Facility.
3. Surface disturbance at an existing Oil and Gas Location within the original disturbed
area which does not have the effect of modifying or expanding the Oil and Gas Facility
or the Oil and Gas Location.
4. Repairs or maintenance of an Oil and Gas Facility required by a state or federal
compliance order.
�a
Facilities permitter, constructed operated' and maintained pursuant to Chapter 23
AT -fide II, Divisions 4 and ,� 1 of this Code, including all Oil and Gas Support Service,
Pipeline — Natural Gas, and Pipeline — Petroleum Products Other Than Natural Gas
Facilities.
F. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with
the procedures and regulations set forth in this Article IV.
G. Any person or an operator filing an application for a 1041 WOGLA Permit shall comply with
Article V and Article XI of Chapter 23 of this Code if the proposal is located within any Overlay
District Area or a Special Flood Hazard Area identified by maps officially adopted by the
County
H. Applications for a 1041 WOGLA shall be completed as set forth in Section 21-5-320 of this
Article V. The completed application and application fees shall be submitted to the OGED
Director.
I. The OGED Director may require an Applicant to submit an Improvements Agreement for the
construction of required improvements to mitigate impacts caused by the Oil and Gas Facility.
The Improvements Agreement shall be made in conformance with the County policy for
improvements and agreements and must be approved by the Board of County Commissioners
prior to operation.
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J. The review, consideration and issuance of a 1041 WOGLA is an administrative hearing
process and is exempt from the definition of development set forth in the agreements
contained in Chapter 19 of the Weld County Code. However, oil and gas exploration and
extraction in Weld County is considered development as that term is defined in Section 24-
65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is applicable to permitting of oil
and gas development in Weld County.
K. Information regarding the status of or facts and circumstances regarding an approved 1041
WOGLA Permit, including any desired changes or modifications, may be transmitted by a
1041 WOGLA Permittee to the OGED Director via electronic means.
Seca 21-5-40. Relationship of 1041 WOGLA Regulations to other county, state, and f d r
requirements affecting oil and gas exploration and extraction.
A. Nothing in these 1041 WOGLA Regulations shall be construed as exempting an Applicant for
a 1041 WOGLA Permit from any other requirements of this County.
B. As stated in Section 21-5-10, above, these WOGLA 1041 Regulations are written, in part,
according to the authority granted exclusively to Local Governments in Subsections 29-20-
104(1)(g) and (1)(h), C.R.S., and are intended to address the following areas and topics
regarding oil and gas exploration and extraction in Weld County:
1. Land Use;
2. The location and siting of Oil and Gas Facilities and Oil and Gas Locations;
3. Impacts to public facilities and services;
4. Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality,
land disturbance, Reclamation procedures, cultural resources, emergency preparedness
and coordination with first responders, security, and traffic and transportation impacts;
5. Financial securities, indemnification, and insurance as appropriate to ensure compliance
with these 1041 WOGLA Regulations;
6. All other nuisance -type effects of oil and gas development addressed in these 1041
WOGLA Regulations; and
7. Otherwise planning for and regulating the use of land so as to provide planned and orderly
use of land and protection of the environment in a manner consistent with constitutional
rights.
Because these 1041 WOGLA Regulations are written pursuant to the authorities granted
to Weld County in the AASIA and specifically the express authorities set forth in Sections
24-65.1-202 and 24-65.1-402, C.R.S., to adopt guidelines and regulations governing oil
and gas exploration and extraction in Weld County, to the extent these 1041 WOGLA
Regulations are inconsistent with the regulations of the COGCC regarding any of the
areas and topics regarding oil and gas exploration and extraction in Weld County listed
above, these 1041 WOGLA Regulations control.
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C. Pursuant to Section 34-60-131, C.R.S., it is the intent of the Board of County Commissioners
to regulate oil and gas exploration and extraction in Weld County cooperatively with the
COGCC, deferring regulation of the areas and topics regarding oil and gas exploration and
extraction not addressed in these 1041 WOGLA Regulations to the COGCC.
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Division 2 — Designation of area of state interest
Sec. 21-5-200. Designation of the entire unincorporated area f `':`: eld County as a mineral
resource (oil and gas) area of state interest.
The Board of County Commissioners, having considered the intensity of current and
foreseeable development pressures; the Guidelines and Criteria for Identification and Land -Use
Controls of Geologic Hazard and Mineral Resource Areas, Special Publication 06, Colorado
Geological Survey / Dept. of Natural Resources / Denver, Colorado / 1974; the guidelines set
forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 WOGLA
Regulations, hereby orders that the designation of the entire unincorporated area of Weld County
as a mineral resource (oil and gas) area of state interest [the Weld Mineral Resource (Oil and
Gas) Area] made by the Board on June 10, 2019, is hereby ratified and confirmed and that this
activity shall be regulated pursuant to the provisions of this Chapter.
Sec. 21-5-210. Boundaries of area covered by designation.
The entire unincorporated area of Weld County has been designated as a mineral resource
(oil and gas) area and the exploration and extraction of oil and gas within the area shall be subject
to this designation and these 1041 WOGLA Regulations.
Sec. 21-5-220. Reasons for designation.
Because oil and gas resources are found throughout the unincorporated area of Weld County
and are being developed rapidly, the Board of County Commissioners has designated the
unincorporated area of Weld County as a mineral resource (oil and gas) area:
A. To regulate oil and gas development in a manner that respects local values protects the
health, safety and welfare of Weld County's community and environment;
B. To ensure coordination and compatibility of the often competing uses of oil and gas
exploration and extraction and agriculture;
C. To adequately plan for and properly mitigate the encroachment of residential development
upon Oil and Gas Operations; and
D. To have local oversight in Land Use planning decisions regarding oil and gas exploration and
extraction in Weld County.
Sec. 21-5-230. No moratorium.
It is the intent of the Board of County Commissioners that no moratorium as referred to in
Section 24-65.1-404 (4), C.R.S., shall be in place during the reading process of this Code
amendment. Instead, during the reading process the current WOGLA rules set forth in Division
10, Article 2 of Chapter 23 of this Code shall be in effect until the effective date of this Code
amendment.
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Division 3 — 1041 WOGLA Permit Program for Oil and Gas Exploration and Extraction in
the Weld Mineral Resource (Oil and Gas) Area
Sec. 21-5-300. Prohibition on exploration or extraction of oil and gas within the Weld
Mineral Resource (Oil and Gas) Area without 1041 WOGLA Permit.
A. No person may explore or extract oil and gas within the Weld Mineral Resource (Oil and Gas)
Area without first obtaining a 1041 WOGLA Permit pursuant to these 1041 WOGLA
Regulations.
B. No local authority, including the County, may issue a building permit for purposes of
exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas) Area
without the Applicant first having obtained a 1041 WOGLA Permit pursuant to these 1041
WOGLA Regulations.
Sec. 21-5-310. Procedural requirements.
The procedures concerning permit applications, notice, and conduct of 1041 WOGLA Permit
hearings, review of Board of County Commissioners decisions and issuance and content of
permits for exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas)
Area shall comply with the provisions set forth in this Article V.
Sec. 21-5-320. Application requirements for 1041 WOGLA Permit.
A 1041 WOGLA Permit application shall be submitted to OGED for processing and
determination of whether the application is complete and in compliance with the requirements of
this Section. Upon the Applicant's or OGED Director's request, made either before or after the
submittal of the application, there may be an application meeting between the Applicant and
OGED, which may be accomplished through a face-to-face meeting, electronic mail exchange, or
conference call, as determined by OGED. The purpose of the application meeting is to give the
Applicant an opportunity to demonstrate, through written and graphic information, how the Oil and
Gas Facility complies with the standards set forth in this Section. The following supporting
documents shall be submitted as a part of the application:
A. An application for a 1041 WOGLA Permit on a form supplied by OGED. The application shall
include the following:
1. The name, address, and telephone number of the Applicant.
2. Legal description of the Oil and Gas Location under consideration.
3. Total acreage of the Oil and Gas Location.
4. Existing Land Use of the property where the Oil and Gas Facility will be located.
5. Present zone and overlay zones, if appropriate.
6. A finalized list of the Oil and Gas Facility components.
7. Signature of the Applicant.
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B. Certification that a 1041 WOGLA Permit pre -application notice has been delivered to the
owner(s) of Building Units located within one -thousand (1,000) feet or less of the Oil and Gas
Location; to the Local Governments whose boundaries are within one -thousand (1,000) feet
or less of the Oil and Gas Location; and to the School Governing Body of any School Facility
or Future School Facility, or Child Care Center within one -thousand three -hundred twenty
(1,320) feet or less from the Oil and Gas Location. Such notice shall comply with the
following:
The 1041 WOGLA Permit pre -application notice shall be delivered by the Applicant to the
following parties: Building Unit owners located within one -thousand (1,000) feet of the Oil and
Gas Location (as determined by Weld County Assessors record at the time of notice); the
Weld County LGD and the LGD's for Local Governments located within one -thousand (1,000)
feet or less of the Oil and Gas Location; and the principal or senior administrator, and School
Governing Cody of any School Facility or Future School Facility, or Child Care Center located
within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location.
Delivery of the 1041 WOGLA Permit pre -application notice shall occur not more than six (6)
months nor less than thirty (30) days prior to submitting a 1041 WOGLA Permit application.
The 1041 WOGLA Permit notice shall include the following information:
1. The location and a general description of the proposed oil and gas facilities.
2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the Building Unit
owners, School Governing Body of any School Facility or Future School Facility, Child
Care Centers and Local Governments whose properties or jurisdictional boundaries are
located within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas
Location.
4. A proposed access map, including off -site haul route(s). The haul route map shall show
the proposed route back to the nearest County designated collector or arterial roadway,
or nearest highway.
5. A drawing showing the Oil and Gas Facility and disturbed areas. The drawing shall be a
scaled drawing, or scaled aerial photograph showing the approximate outline of the Oil
and Gas Location and all Wells and/or production facilities used for measuring distances
shall be attached. The drawing shall include all visible improvements within one -
thousand three -hundred twenty (1,320) feet of the proposed Oil and Gas Location, with a
horizontal distance and approximate bearing from the Oil and Gas Facilities. Visible
improvements shall include, but not be limited to, all buildings and properties, publicly
maintained roads and trails, fences, above -ground utility lines, railroads, Pipelines or
Pipeline markers, mines, Oil Wells, Gas Wells, injection Wells, water wells known to the
Operator and those registered with the Colorado State Engineer, known springs, plugged
Wells, known sewers with manholes, standing bodies of water, and natural channels,
including permanent canals and ditches through which water may flow. If there are no
visible improvements within one -thousand three -hundred twenty (1,320) feet of a
proposed Oil and Gas Location, it shall be so noted on the map. The Location Drawing
shall also include the proposed access(es) and proposed mitigation measures.
6. A list of the Oil and Gas Facility components.
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7. A statement that the notice recipient may request a meeting to discuss the proposed Oil
and Gas Facility by contacting the County or the Operator.
8. Operator and County contact information:
a. After notice is received, additional information or proof of notice may be requested by
the County. Based on site specific considerations, the County may request that
additional parties be included in the notification.
b. A Building Unit owner or occupant and LGD for Local Government within one -thousand
(1,000) feet, or School Governing Body of any School Facility or Future School Facility,
or Child Care Center within one -thousand three -hundred twenty (1,320) feet of a
proposed Oil and Gas Location who would be eligible to receive a 1041 WOGLA
Permit notice may, through letter delivered to the OGED Director, waive future receipt
of such notice(s).
9. A statement that the Applicant will consider reasonable mitigation measures proposed by
the notice recipient to Minimize Adverse Impacts of the proposed Oil and Gas Location.
To identify foreseeable oil and gas activities in a defined geographic area, facilitate
discussions about potential cumulative impacts and identify measures to Minimize
Adverse Impacts to public health, safety, welfare, and the environment, including Wildlife
Resources, from such activities, Operators are encouraged to initiate and enter into
Comprehensive Drilling Plans, where feasible and with the agreement of the involved
Surface Owner(s).
10. A topographic map showing all surface waters and riparian areas within one -thousand
(1,000) feet of the proposed Oil and Gas Location, with a horizontal distance and
approximate bearing from the Oil and Gas Location shall be attached.
C. Certification in the application that a SUA or other document, including, but not limited to, a
Memorandum of SUA or an affidavit by the Applicant, has been executed by the Operator and
the Surface Owner(s) of the property where the Oil and Gas Location will be located,
demonstrating that the Operator and Surface Owner have agreed to an Oil and Gas Location.
If no SUA or other document is available at the time of applying for the 1041 WOGLA Permit,
the Applicant shall proceed with the 1041 WOGLA Permit process and shall provide a
statement in the 1041 WOGLA Permit application that it is currently in SUA, or other
agreement negotiations, and that it will provide any necessary financial security which may
be required by these 1041 WOGLA Regulations.
D. A statement which explains that the application complies with Article V and Article XI of
Chapter 23 of this Code, if the proposal is located within any Overlay District Area or a Special
Flood Hazard Area identified by maps officially adopted by the County.
E. A statement which provides evidence of compliance with the following standards and the
Development Standards set forth in Division 4 of this Article V:
1. Oil and gas facilities shall be located to minimize impact on agricultural operations.
2. Dust control measures shall be employed as necessary during high traffic periods for both
on -site and off -site haul roads, including unpaved county roads when necessary and in
consultation with the County's Department of Public Works.
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3. Traffic reduction measures shall be employed by Operators when feasible, such as,
utilizing fresh water supply Pipelines for Completions and the use of centralized storage
facilities and/or transmission of crude oil via Pipeline.
4. Haul routes shall be designated and developed in consultation with the County.
Municipalities, with roadways which are part of the haul routes, should be included in such
consultation.
5. Liquid and Solid Wastes shall be stored and removed for final disposal in a manner that
protects against surface and Groundwater contamination. See applicable Sections of
Division 4 of this Article V.
6. The Oil and Gas Facility shall comply with the Stormwater and water quality regulations
set forth in Chapter 8 of this Code.
7. Noise from drilling, Completion activities, and production shall comply with the noise limits
set forth in Section 21-5-435 of this Article V.
8. Light sources shall be shielded or directed downward, and in a manner to reduce impacts
onto adjacent properties and dwellings. See Section 21-5-405 of this Article V.
9. Visual mitigation measures shall be considered and employed when feasible. See Section
21-5-410 of this Article V.
10. Site security measures shall be employed as necessary.
11. The Oil and Gas Facility shall be maintained in such a manner to prevent noxious weeds.
See Section 21-5-400 of this Article V.
12. Weight limits. No travel vehicles associated with the 1041 WOGLA Permit may exceed
the weight restrictions set forth in Chapter 12, Article III of this Cade for required
specifications for pounds=per-axle and axle configurations unless overweight permits
have been applied for and granted by the Department of Public Works.
13. If applicable, Right -of -Way (ROW) Permits issued by the Department of Public Works
pursuant to Chapter 8 of this Code, are required for any work occurring within County
ROW. No work within County ROW shall occur without such ROW Permits being issued.
F. An access permit issued by the County's Department of Public Works pursuant to the
requirements of Chapter 8 of this Code is required prior to commencement of drilling activities.
If the access point is under the jurisdiction of the Colorado Department of Transportation or a
Local Government other than Weld County, proof of access granted by such Local
Government ("Authority having Jurisdiction" or "AHJ") is required.
G. A statement and drawing describing the size and approximate location of all on -location
Flowlines and oil and gas lines, and water Pipelines integral to production, and connecting to
the Oil and Gas Facility. A GIS map of off -location Flowlines must be provided after
construction.
H A statement describing the kind of vehicles (type, size, weight) that will access the Oil and
Gas Facility during drilling and Completion operations, and a defined access route. This shall
include a traffic narrative with the following information:
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1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups,
tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. The time of day when the highest traffic volumes are expected. If the drilling waste
(cuttings and fluids) will be disposed of on the Oil and Gas Location, including a statement
describing the location and disposal method.
A certified list containing the names, addresses and the corresponding Parcel Identification
Numbers assigned by the County Assessor of Building Unit owners within one -thousand
(1,000) feet of the Oil and Gas Location (including School Facilities and Child Care Centers
within one -thousand three -hundred twenty (1,320) feet). The source of such list shall be the
records of the County Assessor, or an ownership update from a title, abstract company, or
attorney derived from such records, or from the records of the County Clerk and Recorder. If
the list was assembled from the records of the County Assessor, the Applicant shall certify
that such list was assembled within thirty (30) days of the application submission date.
J. Where an authorized legal agent signs the application for the Oil and Gas Facility on behalf
of the Applicant, evidence of a power of attorney or other authorization for the signature of the
legal agent must be provided. If a copy of the SUA is provided with the application, then the
SUA fulfills the requirement of providing Lim authorization form.
K. A Road Maintenance Agreement (RMA) or Comprehensive Road Maintenance Agreements
are required for a 1041 WOGLA Permit. If applicable, an off -site Improvements Agreement
executed by the Applicant in accordance with the County policy and documents for collateral
for improvements shall also be required.
L. The Applicant shall consult with the Weld County Office of Emergency Management to put
together an Emergency Action Plan.
M A statement documenting how the Applicant has performed an analysis of reasonable siting
alternatives for the Oil and Gas Facility to determine if the chosen Oil and Gas Location is the
least impactful to the -protect Weld County's environment and wildlife and the health, safety
and welfare of Weld County's citizens.
N. The following information:
1. Measurements specifying the shortest distance between any Well or Production Facility
proposed or existing on the Oil and Gas Location and the edge or corner of the nearest
building, Building Unit, High Occupancy Building Unit, the nearest boundary of a DOAA,
and the nearest public road, above ground utility, railroad, and property line.
2. A minimum of four (4) color photographs, one (1) of the staked location from each cardinal
direction shall be attached. Each photograph shall be identified by: date taken, Well or
location name, and direction of view.
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3. A list of major equipment components to be used in conjunction with drilling and operating
the Well(s), including all Tanks, Pits, flares, combustion equipment, separators, and other
ancillary equipment and a description of any Pipelines for oil, gas, or water.
4. The Natural Resources Conservation Service ("NRCS") soil map unit description for the
Oil and Gas Location.
5. For Reclamation purposes, the designation of the current Land Use(s) and Surface
Owner's designated final Land Use(s) and basis for setting Reclamation standards. If the
final Land Use includes residential, industrial, commercial, or cropland and does not
include any other Uses, the Land Use should be indicated and no further information is
needed. If the final Land Use includes rangeland, forestry, recreation, or wildlife habitat,
then a Reference Area shall be selected and the following information shall be attached:
a. A topographic map showing the location of the site, and the location of the Reference
Area; and
b. Four (4) color photographs of the Reference Area, taken during the growing season
of vegetation and facing each cardinal direction. Each photograph shall be identified
by date taken, Well or Oil and Gas Location name, and direction of view. Such
photographs may be submitted to OGED any time up to twelve (12) months after the
granting of the 1041 WOGLA.
6. Where the proposed Oil and Gas Location is for multiple Wells on a single pad, a drawing
showing proposed wellbore trajectory with bottom -hole locations shall be attached.
7. A description of any Applicant -proposed BMPs. With the consent of the Surface Owner,
this may include mitigation measures contained in a relevant SUA.
8. Designation of whether the proposed Oil and Gas Location is within Sensitive Wildlife
Habitat or a Restricted Surface Occupancy Area.
9. An indication if an Army Corps of Engineers permit pursuant to 33 U.S.C.A. Sections 1342
and 1344 of the Water Pollution and Control Act (Section 404 of the federal "Clean Water
Act") is required for the construction of an Oil and Gas Location.
10. A map or scaled aerial image depicting the Oil and Gas Location boundary and proposed
and existing Wells and production facilities in proximity to any surrounding School Facility
or Child Care Center, including distances, and a statement indicating whether the School
Governing Body requested consultation and whether, after consultation, the School
Governing Body and Operator reached agreement regarding identification of a School
Facility or Child Care Center.
11. Construction Layout Drawing. If the Oil and Gas Location disturbance is to occur on lands
with a slope ten percent (10%) or greater, or one (1) foot of elevation gain or more in ten
(10) foot distance, then the following information shall be attached:
a. Construction layout drawing (construction and operation); and
b. Location cross-section plot (construction and operation).
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12. If the proposed Oil and Gas Location is within one -thousand (1,000) feet of a Building Unit,
or within one -thousand three -hundred twenty (1,320) feet of a School Facility, Future
School Facility or Day Care Center, the following information shall be attached:
a. A Waste Management Plan; and
b. Evidence that the Building Unit owners, LGD for Local Government, or School
Governing Body of any School Facility or Future School Facility, or Child Care Center
received the 1041 WOGLA Permit notice required by Section 21-5-320 B., above.
13. A statement describing who will provide fire protection to the site.
14. A scaled facility layout drawing depicting the location of all existing and proposed new Oil
and Gas Facilities covered by the application.
O. Such additional information as may be required by OGED, including, but not limited to,
additional data as reasonably required by OGED resulting from consultation with the Weld
County Department of Public Health and Environment or Colorado Parks and Wildlife.
Sec. 21-5-330. OGED review of 1041 WOGLA Permit application.
OGED shall review the 1041 WOGLA Permit application to determine if it is complete. Such
review shall occur within seven (7) days of the filing of the application. Upon completeness
determination by the OGED Director, he or she shall send notice of a hearing for the 1041 WOGLA
Permit application before the 1041 WOGLA Hearing Officer to Building Unit owner(s) located
within one -thousand three -hundred twenty (1,320) feet or less of the Oil and Gas Location; to the
principal or senior administrator, and School Governing Body of any School or Child Care Center
within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location; and
to the referral agencies listed below. Such notification shall be mailed first-class by OGED at
least thirty-seven (37) days prior to the date of hearing. The OGED Director shall also prepare
legal notice for the hearing to be published in the newspaper designated by the Board of County
Commissioners for publication of notices. The date of publication shall be at least thirty-seven
(37) days prior to the date of hearing. The mailed and published notice shall inform the reader
that he or she may apply for intervention in the manner set forth in Section 21-5-340 A.1, below.
OGED shall be responsible for the following:
A. Refer the application to the following agencies, when applicable, for review and comment.
The agencies named shall respond within twenty-eight (28) days after the mailing of the
application by the County. The failure of any agency to respond within twenty-eight (28) days
shall be deemed to be a favorable response to the Planning Department. The reviews and
comments solicited by the County are intended to provide the County with information about
the proposed 1041 WOGLA Permit. The reviews and comments submitted by a referral
agency are recommendations to the 1041 WOGLA Hearing Officer:
1. The planning commission or governing body of any Local Government whose boundaries
are within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas Location.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
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4. The Colorado Parks and Wildlife.
5. The COGCC.
6. The appropriate fire district(s).
7. Any irrigation ditch company with irrigation structures of record that are on, or adjacent to,
the Oil and Gas Facility.
8. To any other agencies or individuals to whom OGED deems a referral necessary.
P. Prepare staff comments addressing all aspects of the application, its conformance with the
Weld County Code in effect at the time of filing of the application, sound Land Use planning
practices, comments received from agencies to which the proposal was referred, and the
standards contained in Section 21-5-320 E. and Division 4 of this Article V. Such comments
shall be provided to the 1041 WOGLA Hearing Officer for consideration as evidence in the
hearing.
C. Charge a reasonable fee that covers costs incurred by Weld County for OGED review of the
application, holding the appropriate hearing, and performing any necessary administrative
tasks associated with the issuance of the 1041 WOGLA Permit.
Sec. 21-5-340. 1041 WOGLA Hearing.
A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit Applicant and any
person or entity who has been granted intervention by the 1041 WOGLA Hearing Officer shall
have the right to participate formally in the 1041 WOGLA Hearing. The process for seeking
intervention is as follows:
1 Application for intervention must be received by the 1041 WOGLA Hearing Officer no later
than twenty (20) days prior to the 1041 WOGLA Hearing. Application must be on the form
included in the 1041 WOGLA Notice of Hearing or on the form provided on the OGED
website. Persons who have standing to file an application for intervention are limited to
those who have received the 1041 WOGLA Notice of Hearing by First Class Mail or who
have demonstrated that they would be directly, adversely and significantly affected or
aggrieved by the granting of the 1041 WOGLA Permit. Application for intervention must
include the following:
a. The docket number of the 1041 WOGLA Hearing;
b. Legal address of the person applying for intervenor;
c. The date of the application for intervention;
d. A general statement of the factual or legal basis for the protest or intervention based
on the application for intervention;
e. A description of the intended presentation including a list of proposed witnesses; and
f. A time estimate to hear the protest or intervention.
2. All applications for intervention shall be granted or denied by the 1041 WOGLA Hearing
Officer within ten (10) days of their receipt. Such decision shall be communicated to the
Applicant for intervention electronically in a manner determined by the 1041 WOGLA
Hearing Officer.
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D -E. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable
certainty, stability, and fairness in the Land Use planning process and in order to stimulate
economic growth, secure the reasonable investment -backed expectations of landowners, and
foster cooperation between the public and private sectors in the area of Land Use planning,
the Board of County Commissioners declares and orders that an approved 1041 WOGLA
Permit is an approved site specific development plan as that term is defined in Section 23-8-
20 of this Code and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041
WOGLA Permit is a vested property right, as defined in Section 23-8-20, upon the Completion
of the notification requirements set forth in Section 23-8-70 of this Code. Once noticed
pursuant to the requirements of Section 23-8-70, the approved 1041 WOGLA Permit confers
upon the Operator the right to undertake and complete the exploration and extraction of oil
and gas in Weld County under the terms and conditions set forth therein, pursuant to Section
24-68-103(1)(c), C.R.S.
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3. Any statement provided by a person not granted intervention will be considered a written
comment to be included in the 1041 WOGLA Hearing record but not considered by the
1041 WOGLA Hearing Officer as evidence.
B. Conduct of 1041 WOGLA Hearing.
1 1041 WOGLA Hearings shall be conducted informally with minimal technical presentation.
The 1041 WOGLA Hearing Officer shall control the evidence taken during a hearing in a
manner best suited to fully and fairly develop the relevant evidence, safeguard the rights
of all parties, and ascertain the substantive rights of the parties based on the merits of the
issue(s) to be decided.
2. Participation by the parties and/or witnesses by telephone or other electronic means shall
be at the discretion of the 1041 WOGLA Hearing Officer.
3. Postponements of hearings shall not be granted without the showing of necessity by the
1041 WOGLA Hearing party requesting the postponement. A hearing shall not be
postponed more than once.
4. 1041 WOGLA Hearings will be docketed to occur on a weekly basis on days to be
determined by the 1041 Hearing Officer. Complete applications whose notice
requirements have been met shall be scheduled for hearing on the next available weekly
docket.
C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA
Hearing, the 1041 WOGLA Hearing Officer shall:
1. Grant the 1041 WOGLA Permit if he or she determines that sufficient evidence exists in
the record that the standards set forth in Section 21-5-320 E. and Division 4 of this Article
V will be met.
2. Inform the participants of his or her decision. The decision of the 1041 WOGLA Hearing
Officer shall be clearly set forth on the bottom of the 1041 WOGLA Permit application.
3. Inform the participants that such decision may be appealed to the Board of County
Commissioners pursuant to the appeal procedures set forth in Section 2-4-10 of this Code.
D. A motion for reconsideration may be considered by the 1041 WOGLA Hearing Officer in cases
where a 1041 WOGLA Permit application has been denied. Such motion must be filed no
later than ten (10) days after the applicant has received notice of the denial. A motion for
reconsideration must state with sufficient clarity the specific reason(s) the applicant believes
the denial was the incorrect decision.
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Sec. 21-5-350. Compliance with 1041 WOGLA standards.
An Applicant for a 1041 WOGLA shall demonstrate conformance with, and shall continue to
meet, the 1041 WOGLA standards approved and adopted by the County. Noncompliance with
the approved 1041 WOGLA standards may be reason for rescission of the 1041 WOGLA by the
Board of County Commissioners.
Sec. 21-5-360. Changes and termini 4tion of use.
A. Major changes from the approved 1041 WOGLA Permit shall require the approval of a new
1041 WOGLA Permit by the 1041 WOGLA Hearing Officer. OGED is responsible for
determining whether a major change exists, in which case a new 1041 WOGLA application
and processing shall be required. Any other changes shall be filed in by the OGED in the
approved 1041 WOGLA Permit file and documented via an OGED sundry notice form.
B. Construction pursuant to approval of a 1041 WOGLA shall be commenced, and continual
progress made within three (3) years from the date of publication of announcing the approval
of the 1041 WOGLA Permit, or the approval shall terminate. The OGED Director may grant
an extension of time for an additional three (3) years, for good cause shown, upon a written
request.
Sec. 21-5-370. Rescission procedures.
A. If at any time following the approval of a 1041 WOGLA the OGED determines that one (1) or
more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this
Article V have not been met, the OGED Director shall notify the Operator of the Oil and Gas
Facility of the failure to meet the standard(s). The Operator will be given thirty (30) days in
which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days
the failure to comply with the standards has not been cured, a hearing shall be scheduled
before the Board of County Commissioners.
B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or
more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this
Article V have not been met. Upon such a finding, the Board may rescind the 1041 WOGLA
and seek any appropriate legal remedies to cease the USE of the Oil and Gas Facility.
Sec. 21-5-380. Site investigation, Remediation, and closure.
A. General site investigation and Remediation requirements.
1. Sensitive Area Determination. Operators shall complete a Sensitive Area determination in
accordance with COGCC Rule 901.e.
2. Sampling and analyses. Sampling and analysis of soil and ground water shall be
conducted in accordance with COGCC Rule 318A or 910 to determine the horizontal and
vertical extent of any contamination in excess of the concentrations in Appendix 21-A.
3. Management of E&P Waste. E&P Waste shall be managed in accordance with Section
21-5-450 of this Article V.
4. Pit evacuation. Prior to backfilling and site Reclamation, E&P Waste shall be treated or
disposed in accordance with Section 21-5-450 of this Article V.
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5. Remediation. Remediation shall be performed in a manner to mitigate, remove, or reduce
contamination that exceeds the concentrations in Appendix 21-A in order to ensure
protection of public health, safety, and welfare, and to prevent and mitigate significant
adverse environmental impacts. Soil that does not meet concentrations in Appendix 21-A
shall be remediated. Ground water that does not meet concentrations in Appendix 21-A
shall be remediated.
6. Reclamation. Remediation sites shall be reclaimed in accordance with Sections 21-5-545,
21-5-555, and 21-5-560 of this Article V.
7. Surface Owner's desires. Remediation by an Operator shall take into consideration the
wishes of the Surface Owner.
B. Workplan. Operators shall prepare and submit for prior OGED Director approval a workplan
for the following operations and Remediation activities:
1. Unlined Pit closure when required by COGCC Rule 905.
2. Remediation of Spills/Releases in accordance with COGCC Rule 906.
3. Land Treatment of oily waste in accordance with Section 21-5-450 of this Article V.
4. Remediation of impacted ground water in accordance with COGCC Rule 910.b.(4).
C. Multiple sites. Remediation of multiple sites may be submitted on a single workplan.
D. Closure.
1. Remediation and Reclamation shall be complete upon compliance with the concentrations
in Appendix 21-A, or upon compliance with an approved workplan.
2. Notification of completion. Within thirty (30) days after conclusion of site Remediation and
Reclamation activities Operators shall provide notification of completion to the OGED
Director.
E. Release of Financial Assurance. Financial Assurance required by Section 21-5-445 may be
held by the OGED Director until the required Remediation of soil and/or ground water impacts
is completed in accordance with the approved workplan, or until cleanup goals are met.
Sec. 21-5-390. Transferability of 1041 WOGLA Permits.
Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator
takes subject to all terms and conditions of the 1041 WOGLA Permit and shall be considered the
Responsible Party. Within sixty (60) days of transfer, the new Operator shall notify the OGED
Director and the Surface Owner in writing of the name, business address, and other contact
information of the new Operator.
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Division 4 —1041 WOGLA Permit Development standards.
Sec. 21-5-400. Weed control.
All disturbed areas shall be kept as free of all undesirable plant species designated to be
noxious weeds as practicable. Weed control measures shall be conducted in compliance with
the Colorado Noxious Weed Act, Sections 35-5.5-101, et seq., C.R.S. If applicable, the 1041
WOGLA Hearing Officer may require a weed control plan.
Sec. 21-5-405. Lighting.
To the extent practicable, site lighting shall be directed downward and inward and shielded
to avoid glare on public roads and Building Units within one thousand three -hundred twenty
(1,320) feet. The lumens associated with the site lighting may be limited by the 1041 WOGLA
Hearing Officer as a means of providing mitigation. After new lighting has been erected on an
Oil and Gas Location, the Operator shall perform an inspection of the boundaries to ensure lights
are not impacting nearby Building Units or public roads.
Sec. 21-5-410. Visual impact mitigation.
Production facilities, regardless of construction date, observable from any public highway
shall be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell
Soil Color Coding System), and with colors matched to but slightly darker than the surrounding
landscape.
Sec. 21-5-415. Fugitive dust.
Operators shall employ practices for control of fugitive dust caused by their operations. Such
practices shall include but are not limited to the use of speed restrictions, regular road
maintenance; restriction of construction activity during high -wind days; and magnesium chloride,
water, and silica dust controls when handling sand used in hydraulic fracturing operations.
Additional management practices such as road surfacing, wind breaks and barriers, or automation
of Wells to reduce truck traffic may also be required if technologically feasible and economically
reasonable to minimize fugitive dust emissions.
Sec. 21-5-420. Odor.
Oil and Gas Operations shall comply with the Colorado Department of Public Health and
Environment, Air Quality Control Commission, Regulation No. 2 Odor Emission, 5 C.C.R. 1001-
4, Regulation No. 3 (5 C.C.R. 1001-5), and Section XVII.B.1 (a -c) and Section XII of Regulation
No. 7.
Sec. 21-5-425. Production equipment and operations.
In addition to any applicable requirements set forth in this Article V, Operators must comply
with the requirements for production equipment and operations set forth in COGCC Rule 805 b.
(2).
Sec. 21-5-430. Well Completions.
In addition to any applicable requirements set forth in this Article V, Operators must comply
with the requirements for Well Completions set forth in COGCC Rule 805 b. (3).
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Sec. 21-5-435. Noise.
A. Oil and Gas Operations at any Well Site, Production Facility, or Gas Facility shall comply
with the following A Scale maximum permissible noise levels.
ZONE 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m.
Residential/
Agricultural/Rural
Commercial
Light Industrial
Industrial
55 db(A) 50 db(A)
60 db(A)
70 db(A)
80 db(A)
55 db(A)
65 db(A)
75 db(A)
The type of Land Use of the surrounding area shall be determined by the OGED Director. In
the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permitted above may be
increased ten (10) dB(A) for a period not to exceed fifteen (15) minutes in any one (1) hour
period. The allowable noise level for periodic, impulsive or shrill noises is reduced by five (5)
dB (A) from the levels shown.
B. Except for an Oil and Gas Location within a Designated Setback Location, operations
involving Pipeline or Gas Facility installation or maintenance, the use of a drilling rig,
Completion rig, workover rig, or stimulation is subject to the maximum permissible noise
levels for Light Industrial Zones.
C. In remote locations, where there is no reasonably proximate occupied structure or DOAA,
the light industrial standard may be applicable.
D. Pursuant to inspection or upon receiving a complaint from a nearby property owner
regarding noise related to Oil and Gas Operations, OGED shall conduct an onsite
investigation and take sound measurements as prescribed herein.
E. The following provide guidance for the measurement of A Scale sound levels and assignment
of points of compliance for Oil and Gas Operations:
1. Sound levels shall be measured three hundred and fifty (350) feet from the noise source.
At the request of the complainant, the sound level shall also be measured at a point
beyond three hundred fifty (350) feet that the complainant believes is more
representative of the noise impact. If an oil and Gas Well Site, Production Facility, or
Gas Facility is installed closer than three hundred fifty (350) feet from an existing
occupied structure, sound levels shall be measured at a point twenty-five (25) feet from
the structure towards the noise source. Noise levels from oil and gas facilities located
on surface property owned, leased, or otherwise controlled by the Operator shall be
measured at three hundred and fifty (350) feet or at the property line, whichever is
greater.
In situations where measurement of noise levels at three hundred and fifty (350) feet is
impractical or unrepresentative due to topography, the measurement may be taken at a
lesser distance and extrapolated to a three -hundred fifty (350) foot equivalent using the
following formula: db(A) DISTANCE 2 = db(A) DISTANCE 1 - 20 x log 10 (distance
2/distance 1).
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2. Sound level meters shall be equipped with wind screens, and readings shall be taken
when the wind velocity at the time and place of measurement is not more than five (5)
miles per hour.
3. Sound level measurements shall be taken four (4) feet above ground level.
4. Sound levels shall be determined by averaging minute -by -minute measurements made
over a minimum fifteen (15) minute sample duration if practicable. The sample shall be
taken under conditions that are representative of the noise experienced by the
complainant (e.g., at night, morning, evening, or during special weather conditions).
5. In all sound level measurements, the existing ambient noise level from all other sources
in the encompassing environment at the time and place of such sound level
measurement shall be considered to determine the contribution to the sound level by
the Oil and Gas Operations.
F. In situations where the complaint or onsite inspection indicates that low frequency noise is
a component of the problem, the OGED Director shall obtain a sound level measurement
twenty-five (25) feet from the exterior wall of the residence or occupied structure nearest to
the noise source, using a noise meter calibrated to the db(C) scale. If this reading exceeds
65 db(C), the OGED Director shall require the Operator to obtain a low frequency noise
impact analysis by a qualified sound expert, including identification of any reasonable
control measures available to mitigate such low frequency noise impact. Such study shall
be provided to the OGED Director for consideration and possible action.
G. Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented
in a direction away from all Building Units.
H. All Oil and Gas Facilities with engines or motors which are not electrically operated that are
within four hundred (400) feet of Building Units shall be equipped with quiet design mufflers
or equivalent. All mufflers shall be properly installed and maintained in proper working order.
Sec. 21-5-440. Pollution.
The Operator shall take precautions to prevent significant adverse environmental impacts to
air, water, soil, or biological resources to the extent necessary to protect public health, safety and
welfare, including the environment and Wildlife Resources, taking into consideration cost-
effectiveness and technical feasibility to prevent the unauthorized discharge or disposal of oil,
gas, E&P Waste, Chemical substances, trash, discarded equipment or other oil Field waste.
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Sec. 21-5-445. Financial Assurance requirements.
Prior to drilling or commencing any operations with heavy equipment, an Operator shall
provide Financial Assurance to the County in the form of a surety bond or other collateral
acceptable to the OGED Director in the amount set forth below to protect Surface Owners who
are not parties to a lease, SUA or other relevant agreement with the Operator from unreasonable
crop loss or land damage caused by Oil and Gas Operations. Financial Assurance for Surface
Owner protection shall not be required for operations conducted on state lands when a bond has
been filed with the State Board of Land Commissioners. The Financial Assurance required by this
Section shall be in the amount of two thousand dollars ($2,000) per Well for non -irrigated land, or
five thousand dollars ($5,000) per Well for irrigated land. In lieu of such individual amounts,
Operators may submit blanket Financial Assurance in the amount of twenty-five thousand dollars
($25,000). Any request for relief pursuant to such Financial Assurance must be granted by the
Board of County Commissioners upon application by the Surface Owner. Corrective or remedial
action performed by the Operator may be considered by the OGED Director before and as part
of any order to execute on the Financial Assurance provided pursuant to this Section. The
Financial Assurance provided pursuant to this Section is not intended to limit any monetary award
for unreasonable crop loss or land damage that cannot be remediated or corrected. Financial
Assurance submitted to the OGED Director shall be held for safekeeping by the Clerk to the Board
of County Commissioners.
Sec. 21-5-450. Management of E&P Waste.
A. General requirements.
1. Operator obligations. Operators shall ensure that E&P Waste is properly stored, handled,
transported, treated, recycled, or disposed to prevent threatened or actual significant
adverse environmental impacts to air, water, soil or biological resources or to the extent
necessary to ensure compliance with the concentration levels listed in Appendix 21-A,
with consideration to ground water standards and classifications.
2. E&P Waste management activities shall be conducted, and facilities constructed and
operated, to protect the Waters of the U.S. from significant adverse environmental impacts
from E&P Waste, except as permitted by applicable laws and regulations.
3. Reuse and recycling. To encourage and promote waste minimization, Operators may
propose plans for managing E&P Waste through beneficial use, reuse, and recycling by
submitting a written management plan to the OGED Director for approval, if applicable.
Such plans shall describe, at a minimum, the type(s) of waste, the proposed use of the
waste, method of waste treatment, product quality assurance, and shall include a copy of
any certification or authorization that may be required by other laws and regulations. The
OGED Director may require additional information.
B. Waste transportation.
1 E&P Waste, when transported off -site within Colorado for treatment or disposal, shall be
transported to facilities authorized by the COGCC Director or permitted waste disposal
facilities approved to receive E&P Waste. When transported to facilities outside of
Colorado for treatment or disposal, E&P Waste shall be transported to facilities authorized
and permitted by the appropriate regulatory agency in the receiving state.
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2. Waste generator requirements. Generators of E&P Waste that is transported offsite shall
maintain, for not less than five (5) years, copies of each invoice, bill, or ticket and such
other records as necessary to document the following requirements:
a. The date of the transport;
b. The identity of the waste generator;
c. The identity of the waste transporter;
d. The location of the waste pickup site;
e. The type and volume of waste; and
f. The name and location of the treatment or disposal site.
Such records shall be signed by the transporter, made available for inspection by the
OGED Director during normal business hours, and copies thereof shall be furnished
to the OGED Director upon request.
C. Produced water.
1. Treatment of produced water. Produced water shall be treated prior to placement in a
production Pit to prevent crude oil and condensate from entering the Pit.
2. Produced water disposal. Produced water may be disposed as follows:
a. Injection into a permitted Class II Well;
b. Evaporation/percolation in a properly permitted Pit;
c. Disposal at permitted commercial facilities;
d. Disposal by road -spreading on lease roads outside Sensitive Areas for produced
waters with less than 3,500 mg/I TDS when authorized by the Surface Owner and in
accordance with an approved waste management plan. Road -spreading of produced
waters shall not impact Waters of the U.S., shall not result in pooling or runoff, and the
adjacent soils shall meet the concentration levels in Appendix 21-A. Flowback fluids
shall not be used for dust suppression;
e. Discharging into Waters of the U.S., in accordance with the Water Quality Control Act
and the rules promulgated thereunder and Chapter 8, Article X of this Code.
Operators shall provide the Colorado discharge permit number, latitude and longitude
coordinates of the discharge outfall, and sources of produced water, and shall include
a U.S.G.S. topographic map showing the location of the discharge outfall.
Produced water discharged may be put to beneficial use in accordance with applicable
state statutes and regulations governing the use and administration of water; or
f. Evaporation in a properly lined Pit at a centralized permitted E&P Waste management
facility.
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3. Produced water reuse and recycling. Produced water may be reused for enhanced
recovery, drilling, and other approved uses in a manner consistent with existing water
rights and in consideration of water quality standards and classifications established by
the WQCC for Waters of the U.S., Chapter 8, Article X of this Code, or any Point of
Compliance established by the OGED Director.
4. Mitigation. Water produced during operation of an oil or Gas Well may be used to provide
an alternative domestic water supply to Surface Owners within the oil or gas Field, in
accordance with all applicable laws, including, but not limited to, obtaining the necessary
approvals from the WQCD for constructing a new "waterworks," as defined by C.R.S
Section25-1-107(1)(X)(II)(A). Any produced water not so used shall be disposed of in
accordance with subsection (2) or (3). Providing produced water for domestic use within
the meaning of this subsection (4) shall not constitute an admission by the Operator that
the Well is dewatering or impacting any existing water Well. The water produced shall be
to the benefit of the Surface Owner within the oil and gas Field and may not be sold for
profit or traded.
D. Drilling fluids.
1. Recycling and reuse. Drilling Pit contents may be recycled to another drilling Pit for reuse.
2. Treatment and disposal. Drilling fluids may be treated or disposed as follows:
a. Injection into a permitted Class II Well;
b. Disposal at a commercial Solid Waste Disposal facility; or
c. Land Treatment or Land Application at a centralized permitted E&P Waste
management facility.
3. Additional authorized disposal of water -based bentonitic drilling fluids. Waterbased
bentonitic drilling fluids may be disposed as follows:
a. Drying and burial in Pits on Non -Crop Land. The resulting concentrations shall not
exceed the concentration levels in Appendix 21-A; or
b. Land Application as follows:
i. Applicability. Acceptable methods of Land Application include, but are not limited
to, Production Facility construction and maintenance, and lease road
maintenance.
ii. Land Application requirements. The average thickness of waterbased bentonitic
drilling fluid waste applied shall be no more than three (3) inches prior to
incorporation. The waste shall be applied to prevent ponding or erosion and shall
be incorporated as a beneficial amendment into the native soils within ten (10)
days of application. The resulting concentrations shall not exceed those in
Appendix 21-A.
iii. Surface Owner approval. Operators shall obtain written authorization from the
Surface Owner prior to Land Application of water -based bentonitic drilling fluids.
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iv. Operator obligations. Operators shall maintain a record of the source, the volume,
and the location where the Land Application of the water -based bentonitic drilling
fluid occurred. Upon the OGED Director's written request, this information shall be
provided within five (5) business days, in a format readily reviewable by the OGED
Director. Operators with control and authority over the Wells from which the water -
based bentonitic drilling fluid wastes are obtained retain responsibility for the Land
Application operation and shall diligently cooperate with the OGED Director in
responding to complaints regarding Land Application of water -based bentonitic
drilling fluids.
v. Approval. Prior approval by the OGED Director is not required for reuse of
waterbased bentonitic drilling fluids for Land Application as a soil amendment.
E. Oily waste. Oily waste includes those materials containing crude oil, condensate or other
E&P Waste, such as soil, frac sand, drilling fluids, and Pit sludge that contain hydrocarbons.
Oily waste may be treated or disposed as follows:
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Land Treatment onsite; or
3. Land Treatment at a permitted Centralized E&P Waste Management Facility.
4. Land Treatment requirements:
a. Remediation In the case of a reportable Spill, Operators shall submit a Site
Investigation and Workplan for prior approval by the OGED Director. Treatment shall
thereafter be completed in accordance with the approved Workplan.
b. Free oil shall be removed from the oily waste prior to Land Treatment.
c. Oily waste shall be spread evenly to prevent pooling, ponding, or runoff.
d. Contamination of Stormwater Runoff, ground water, or surface water shall be
prevented.
e. Biodegradation shall be enhanced by disking, tilling, aerating, or addition of nutrients,
microbes, water or other amendments, as appropriate.
f. Land -treated oily waste incorporated in place or beneficially reused shall not exceed
the concentrations in Appendix 21-A.
When Land Treatment occurs in an area not being utilized for Oil and Gas Operations,
Operators shall obtain prior written Surface Owner approval. When Land Treatment
occurs on an approved Oil and Gas Location prior to Completion of interim
Reclamation or on the surface disturbance remaining after interim Reclamation, notice
shall be provided to the Surface Owner.
h. Land Treatment shall be conducted in a manner that does not preclude compliance
with Reclamation requirements of this Article V.
F. Other E&P Waste. Other E&P Waste such as workover fluids, Tank bottoms, pigging wastes
from Pipelines, and gas gathering, processing, and storage wastes may be treated or
disposed of as follows:
g.
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1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Treatment at a permitted Centralized E&P Waste Management Facility;
3. Injection into a permitted Class II injection Well; or
4. An alternative method proposed in a waste management plan approved by the DPS
Director.
Sec. 21-5-455. Management of non-E&P Waste.
A. Certain wastes generated by oil and gas -related activities are non-E&P Wastes and are not
exempt from regulation as solid or hazardous wastes. These wastes need to be properly
identified and disposed of in accordance with state and federal regulations.
B. Certain wastes generated by oil and gas -related activities can either be E&P Wastes or non-
E&P Wastes depending on the circumstances of their generation. The hazardous waste
regulations require that a hazardous waste determination be made for any non-E&P Solid
Waste. Hazardous wastes require storage, treatment, and disposal practices in accordance
with 6 C.C.R. 1007-3. All non-hazardous/non-E&P Wastes are considered Solid Waste
which require storage, treatment, and disposal in accordance with 6 C.C.R. 1007-2.
Sec. 21-5-460. Pits - general and special rules.
Pits used for exploration and production of oil and gas shall comply with COGCC Rules 320,
902, 903, 904, 905, and 911.
Sec. 21-5-465. Spills and Releases.
Operators shall comply with the rules regarding Spills and Releases set forth in COGCC Rule
906.
Sec. 21-5-470. Concentrations and sampling for soil and ground water.
Operators shall comply with the rules regarding concentrations and sampling for soil and
ground water set forth in COGCC Rule 318A c. and/or Rule 910, if applicable.
Sec. 21-5-475. Venting or flaring natural gas.
Operators shall comply with the rules regarding venting or flaring natural gas set forth in
COGCC Rule 912.
Sec. 21-5-480. Dealings with Surface Owners.
A. Notice. Unless the following is otherwise addressed in the SUA or Memorandum of SUA, the
following notices to the Surface Owner shall occur:
1. Surface Owner Notice. Not less than thirty (30) days in advance of commencement of
operations with heavy equipment for the drilling of a Well, Operators shall provide the to
the Surface Owner a Notice stating:
a. The Operator's name and contact information for the Operator or its agent;
b. A site diagram or plat of the proposed Well location and any associated roads and
production facilities;
c. The date operations with heavy equipment are expected to commence; and
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d. The name and contact information for the Weld County LGD.
The Surface Owner Notice shall be delivered by hand; certified mail, return -receipt
requested; or by other delivery service with receipt confirmation. Electronic mail may
be used if the Surface Owner has approved such use in writing.
2. Notice of subsequent Well operations. An Operator shall provide to the Surface Owner or
agent at least seven (7) days advance notice of subsequent Well operations with heavy
equipment that will materially impact surface areas beyond the existing access road or
Well Site, such as recompleting or stimulating the Well.
3. Notice during irrigation season. If a Well is to be drilled on irrigated Crop Lands between
March 1 and October 31, the Operator shall contact the Surface Owner or agent at least
fourteen (14) days prior to commencement of operations with heavy equipment to
coordinate drilling operations to avoid unreasonable interference with irrigation plans and
activities.
4. Final Reclamation notice. Not less than thirty (30) days before any final Reclamation
operations are to take place, the Operator shall notify the Surface Owner. Final
Reclamation operations shall mean those Reclamation operations to be undertaken when
a Well is to be plugged and abandoned or when production facilities are to be permanently
removed. Such notice is required only where final Reclamation operations commence
more than thirty (30) days after the Completion of a Well. In preparing for final Reclamation
and Plugging and Abandonment, the Operator shall use its best efforts to consult in good
faith with the affected Surface Owner (or the tenant when the Surface Owner has
requested that such consultation be made with the tenant). Such good faith consultation
shall allow the Surface Owner (or appointed agent) the opportunity to provide comments
concerning preference for timing of such operations and all aspects of final Reclamation,
including, but not limited to, the desired final Land Use and seed mix to be applied.
5. Tenants. With respect to the notices listed in this Section, it shall be the responsibility of
the notified Surface Owner to give notice of the proposed operation to the tenant farmer,
lessee, or other party that may own or have an interest in any crops or surface
improvements that could be affected by such proposed operation.
6. Waiver. Any of the notices required in this Section 21-5-480 may be waived in writing by
the Surface Owner, its agent, or, provided that a waiver by a Surface Owner or its agent
shall not prevent the Surface Owner or any successor -in -interest to the Surface Owner
from rescinding that waiver if such rescission is in accordance with applicable law.
B. Location signage. The Operator shall, concurrent with the Surface Owner Notice, post a sign
not less than two -feet by two -feet at the intersection of the lease road and the public road
providing access to the Well Site, with the name of the proposed Well, the legal location
thereof, and the estimated date of commencement. Such sign shall be maintained until
Completion operations at the Well are concluded.
Sec. 21-5-485. Setbacks.
A. Wells.
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1. Unless the Oil and Gas Location fits into one of the other categories listed below, at the
time of initial drilling, a Well shall be located not less than two hundred (200) feet from
buildings, the current or future exterior ROW line of County roads, major above ground
utility lines, or railroads.
2. A Well shall be located not less than one hundred fifty (150) feet from a surface property
line. The 1041 WOGLA Hearing Officer may grant an exception if it is not feasible for the
Operator to meet this minimum distance requirement and a waiver is obtained from the
offset Surface Owner(s).
B. Building Unit Setback: No Well or Production Facility within five hundred (500) feet or less
from a Building Unit. For an exception from the Building Unit Setback, the Operator may
submit a waiver from each Building Unit owner within five hundred (500) feet of the proposed
Oil and Gas Location to be approved by the 1041 WOGLA Hearing Officer. Alternatively, the
1041 WOGLA Hearing Officer may approve an exception by determining that potential
locations outside the 500 -foot setback are technically infeasible or economically impracticable
and sufficient mitigation measures (including, but not limited to, BMP's) will be employed to
protect public health, safety and welfare.
C. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1,000) feet
or less from a High Occupancy Building Unit.
D. Designated Outside Activity Area ("DOAA"): No Well or Production Facility within one -
thousand (1,000) feet or less from the boundary of a DOAA.
E. School Facility and Child Care Center Setback: No Well or Production Facility within one -
thousand (1,000) feet or less from a School Facility or Child Care Center, unless the relevant
School Governing Body agrees in writing to the location of the proposed Well or Production
Facility.
F. Existing Oil and Gas Locations. Where the Oil and Gas Location is located within a Designated
Setback Location solely as a result of Building Units being constructed after the Oil and Gas
Location was constructed, the Director may grant an exception to setbacks when a Well or
Production Facility is proposed to be added to an existing or approved Oil and Gas Location
if the OGED Director determines alternative locations outside the applicable setback are
technically or economically impracticable and sufficient mitigation measures are in place to
protect public health, safety, and welfare.
G. The areas within these setbacks are known as the "Designated Setback Location." Oil and
Gas Locations within the Designated Setback Location may occur if the 1041 WOGLA
Hearing Officer is satisfied that the Operator will employ specific mitigation measures
sufficient to eliminate, minimize or mitigate potential adverse impacts to public health, safety,
welfare, the environment, and wildlife to the maximum extent technically feasible and
economically practicable. Such mitigation measures shall be a condition of approval of the
1041 WOGLA Permit.
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H. For a School Facility or Child Care Center, the 1041 WOGLA Hearing Officer may allow a
Well or Production Facility within one -thousand three -hundred twenty (1,320) feet or less if he
or she determines that potential locations outside the applicable setback are technically
infeasible or economically impracticable and sufficient mitigation measures are in place to
protect public health, safety, and welfare. The measurement for determining any Designated
Setback Location shall be the shortest distance between any existing or proposed Well or
Production Facility on the Oil and Gas Location and the nearest edge or corner of any Building
Unit, nearest edge or corner of any High Occupancy Building Unit, School Facility, or nearest
boundary of any DOAA.
I. Surface development pursuant to a SUA or site specific development plan. A Surface Owner
or Building Unit owner and mineral Owner or mineral lessee may agree to locate future
Building Units closer to existing or proposed Oil and Gas Locations than otherwise allowed
pursuant to a valid SUA or site specific development plan (as defined in Section 24-68-
102(4)(a), C.R.S., that establishes vested property rights as defined in Section 24-68-103,
C.R.S.) that expressly governs the location of Wells or production facilities on the surface
estate.
Sec. 21-5-490. Mitigation measures in Designated Setback Locations.
The following requirements apply to Oil and Gas Locations within Designated Setback
Locations:
A. Encroaching development. An Operator is not responsible for mitigation measures in areas
where encroaching development has entered a designated setback for the permitted Oil and
Gas Location following the issuance of a 1041 WOGLA Permit.
B. Designated Setback Locations. In addition to the mitigation measures agreed to between the
Operator and the persons or entities noticed pursuant to Section 21-5-320 B. of this Article V,
the following mitigation measures shall apply in Designated Setback Locations:
1. Noise. Operations involving Pipeline or Gas Facility installation or maintenance, or the use
of a drilling rig, are subject to the maximum permissible noise levels for the Light Industrial
Zone, as measured at the nearest Building Unit. Short-term increases shall be allowable
as described in Section 21-5-435 of this Article V.
2. Operators shall comply with the requirements set forth in COGCC Rule 604 c. (2) B.
(closed loop drilling systems — Pit restrictions), Rule 604 c. (2) C. (green Completions —
emission control systems), Rule 604 c. (2) E. (multi -Well pads), Rule 604 c. (2) F. (leak
detection plan), Rule 604 c. (2) G. (berm construction), Rule 604 c. (2) H. (BOPE), Rule
604 c. (2) I. (BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for Well
servicing operations), Rule 604 c. (2) K. (Pit level indicators), Rule 604 c. (2) L. (drill stem
tests), Rule 604 c. (2) M. (fencing requirements), Rule 604 c. (2) N. (control of fire
hazards), Rule 604 c. (2) O. (loadlines), Rule 604 c. (2) P. (removal of surface trash), Rule
604 c. (2) Q. (guy line anchors), Rule 604 c. (2) R. (Tank specifications), Rule 604 c. (2)
S. (access roads), Rule 604 c. (2) T. (Well Site cleared), Rule 604 c. (2) U. (identification
of plugged and abandoned Wells), Rule 604 c. (2) V. (development of existing Well pads).
C. Building Unit Setback. In addition to all items listed in Section 21-5-490 B., above, the following
berm construction shall be required within the Building Unit Setback:
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1. Containment berms shall be constructed of steel rings, designed and installed to prevent
leakage and resist degradation from erosion or routine operation.
2. Secondary containment areas for Tanks shall be constructed with a synthetic or
engineered liner that contains all primary containment vessels and Flowlines and is
mechanically connected to the steel ring to prevent leakage.
3. For locations within five hundred (500) feet and upgradient of a surface water body, tertiary
containment, such as an earthen berm, is required around Production Facilities.
4. In an Urban Mitigation Area, no more than two (2) crude oil or condensate storage Tanks
shall be located within a single berm.
D. Large UMA Facilities. In addition to all items listed in Section 21-5-490 C., above, the following
mitigation measures will be required for all Large UMA Facilities:
1. Required BMPs.
a. Fire, explosion, Chemical, and toxic emission hazards, including lightning strike
hazards. Fluid leak detection, repair, reporting, and record keeping for all above and
below ground on -site fluid handling, storage, and transportation equipment.
b. Automated Well shut in control measures to prevent gas venting during emission
control system failures or other upset conditions.
c. Zero flaring or venting of gas upon Completion of flowback, excepting upset or
emergency conditions, or with prior written approval from the Director for necessary
maintenance operations.
d. Storage Tank pressure and fluid management.
e. Proppant dust control.
2. Site specific mitigation measures to address the specific concerns of persons who
received a 1041 WOGLA notice, as determined by the 1041 WOGLA Hearing Officer.
Sec. 21-5-495. Safety requirements.
Operators shall comply with the safety rules set forth in COGCC Rules 603 b., 603 c., 603 d.,
and 603 e.
Sec. 21-5-500. Floodplain requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this Code if the proposal
is located within any Overlay District Area or a Special Flood Hazard Area identified by maps
officially adopted by the County.
Sec. 21-5-505. Stormwater management.
As part of the application for a 1041 WOGLA Permit, an Operator must apply for, be granted
and comply with applicable required Stormwater management and discharge permits required
pursuant to Chapter 8 of this Code.
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Sec. 21-5-510. Equipment, weeds, waste, and trash management requirements.
All locations, including Wells and surface production facilities, shall be kept free of the
following: equipment, vehicles, and supplies not necessary for use on that lease; weeds; rubbish,
and other waste material. The burning or burial of such material on the premises shall be
performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations
and must be approved by the WCDPHE before burning begins. In addition, material may be
burned or buried on the premises only with the prior written consent of the Surface Owner.
Sec. 21-5-515. Equipment anchoring requirements.
All equipment at drilling and production sites in geological hazard areas and Floodplains shall
be anchored. Anchors must be engineered to support the equipment and to resist flotation,
collapse, lateral movement, or subsidence, and must comply with all requirements of any
necessary geologic hazard recommendations and/or Flood Hazard Development Permit.
Sec. 21-5-520. Buffer Zone move -in, rig -up ("MIRU") notice.
At least 30 days, but no more than 90 days, before the move -in, rig -up ("MIRU") of a drilling
rig, the Operator shall provide MIRU Notice to all Building Unit owners within the Buffer Zone if:
(i) it has been more than one year since the previous notice or since drilling activity last occurred,
or (ii) notice was not previously required.
A. Weld County Assessor records may be used to identify the persons entitled to MIRU Notice.
MIRU Notice shall be delivered by hand; certified mail, with return -receipt requested;
electronic mail, with return receipt requested; or by other delivery service with receipt
confirmation.
B. The MIRU Notice must include:
1. A statement informing the Building Unit owner that the Operator intends to MIRU a drilling
rig to drill Wells within one -thousand (1,000) feet of their Building Unit;
2. The Operator's contact information;
3. The location of the proposed Wells (Quarter -Quarter, Section, Township, Range, County);
4. The approximate street address of the proposed Well locations (Street Number, Name,
City);
5. The name and number of the proposed Wells, including the WOGLA permit number;
6. The anticipated date (Day, Month, Year) the drilling rig will MIRU; and
7. The Weld County LGD's address and telephone number.
C. A Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any
time.
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Sec. 21-5-525. Protection of Wildlife Resources.
A. The 1041 WOGLA Hearing Officer shall determine whether conditions of approval are
necessary to Minimize Adverse Impacts from the proposed Oil and Gas Operations in the
identified Sensitive Wildlife Habitat or Restricted Surface Occupancy Area. For purposes of
this rule, the term "Minimize Adverse Impacts" shall mean, wherever reasonably practicable,
to:
1. Avoid adverse impacts from Oil and Gas Operations on Wildlife Resources;
2. Minimize the extent and severity of those impacts that cannot be avoided;
3. Mitigate the effects of unavoidable remaining impacts; and
4. Take into consideration cost-effectiveness and technical feasibility regarding actions taken
and decisions made to Minimize Adverse Impacts to Wildlife Resources.
B. In selecting conditions of approval from such BMPs or other sources, the 1041 WOGLA
Hearing Officer shall consider the following factors, among other considerations:
1. The BMPs for the producing geologic basin in which the Oil and Gas Location is situated;
2. Site -specific and species -specific factors of the proposed new Oil and Gas Location;
3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on Wildlife
Resources;
4. The extent to which conditions of approval will promote the use of existing facilities and
reduction of new surface disturbance;
5. The extent to which legally accessible, technologically feasible, and economically
practicable alternative sites exist for the proposed new Oil and Gas Location;
6. The extent to which the proposed Oil and Gas Operations will use technology and
practices which are protective of the environment and Wildlife Resources;
7. The extent to which the proposed Oil and Gas Location minimizes surface disturbance
and habitat fragmentation;
8. The extent to which the proposed Oil and Gas Location is within Land Used for residential,
industrial, commercial, agricultural, or other purposes, and the existing disturbance
associated with such use.
Sec. 21-5-530. Other general operating requirements regarding wildlife protection.
Subject to exception by the OGED Director for site specific reasons and BMPs, the operating
requirements identified below shall apply in all areas.
A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation
networks and new oil and gas facilities to minimize surface disturbance and the number and
length of oil and gas roads and utilize common roads, rights of way, and access points to the
extent practicable, consistent with these rules, an Operator's operational requirements, and
any requirements imposed by federal and state land management agencies, Weld County's
regulations, and SUAs and other Surface Owner requirements, and taking into account cost
effectiveness and technical feasibility.
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B. Establish new staging, refueling, and Chemical storage areas outside of riparian zones and
Floodplains.
C. Use minimum practical construction widths for new rights -of -way where Pipelines cross
riparian areas, streams, and critical habitats.
Sec. 21-5-535. Requirements in Restricted Surface Occupancy Areas.
A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum extent technically
and economically feasible when planning and conducting new oil and gas development
operations, except:
1. When authorized by or specifically exempted by Colorado Parks and Wildlife following
consultation;
2. When authorized by a Comprehensive Drilling Plan;
3. Upon demonstration that the identified habitat is not in fact present; or
4. In the event of situations posing a risk to public health, safety, welfare, or the environment.
B. New ground disturbing activities are to be avoided in Restricted Surface Occupancy Areas,
including construction, drilling and Completion, non -emergency workovers, and Pipeline
installation activity, to Minimize Adverse Impacts to Wildlife Resources. Production, routine
maintenance, repairs and replacements, emergency operations, Reclamation activities, or
habitat improvements are not prohibited in Restricted Surface Occupancy Areas.
Notwithstanding the foregoing, non -emergency workovers, including uphole recompletions,
may be performed with prior approval of the OGED Director on a schedule that minimizes
adverse impacts to the species for which the Restricted Surface Occupancy Area exists.
Sec. 21-5-540. General operating requirements in Sensitive Wildlife Habitat and Restricted
Surface Occupancy Areas.
A. Subject to exception by the 1041 WOGLA Hearing Officer for site specific reasons and BMPs,
within Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas, Operators shall
comply with the following operating requirements:
1. During Pipeline construction for trenches that are left open for more than five (5) days and
are greater than five (5) feet in width, install wildlife crossovers and escape ramps where
the trench crosses well-defined game trails and at a minimum of one quarter (1/4) mile
intervals where the trench parallels well-defined game trails.
2. Inform and educate employees and contractors on wildlife conservation practices,
including no harassment or feeding of wildlife.
3. Consolidate new facilities to minimize impact to wildlife.
4. Minimize rig mobilization and demobilization where practicable by completing or
recompleting all Wells from a given Well pad before moving rigs to a new location.
5. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way
and roads to minimize surface disturbance.
6. Engineer new Pipelines to reduce Field fitting and reduce excessive right-of-way widths
and Reclamation.
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7. Use boring instead of trenching across perennial streams considered critical fish habitat.
8. Treat waste water Pits and any associated Pit containing water that provides a medium
for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
9. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory
agencies.
10. Mow or brushhog vegetation where appropriate, leaving root structure intact, instead of
scraping the surface, where allowed by the Surface Owner.
11. Limit access to oil and gas access roads where approved by Surface Owners, surface
managing agencies, or Local Government, as appropriate.
12. Post interior speed limits and caution signs to the extent allowed by Surface Owners, as
appropriate.
13. Use wildlife -appropriate fencing where acceptable to the Surface Owner.
14. Use topographic features and vegetative screening to create seclusion areas, where
acceptable to the Surface Owner.
15. Use remote monitoring of Well production to the extent practicable.
16. Reduce traffic associated with transporting drilling water and produced liquids through the
use of Pipelines, large Tanks, or other measures where technically feasible and
economically practicable.
Sec. 21-5-545. General Reclamation requirements.
A. Surface restoration. The surface of the land shall be restored as nearly as practicable to its
condition at the commencement of drilling operations, including topsoil restoration and
protection.
B. OGED Director determination. When the OGED Director has reasonable cause to believe that
a proposed oil and gas operation could result in a significant adverse environmental impact
on any air, water, soil, or biological resource, the Director shall conduct an onsite inspection
and may request a hearing before the Board of County Commissioners to rescind the 1041
WOGLA Permit pursuant to the procedures set forth in Section 21-5-370, above, and execute
on Financial Assurance to protect the public health, safety and welfare, including prevention
of significant adverse environmental impacts.
C. Surface Owner waiver. The Surface Owner has the right to waive Reclamation requirements
set forth in Sections 21-5-545, 21-5-555, and 21-5-560 of this Article V, unless such
Reclamation is deemed necessary to protect public health, safety and welfare, environment
and wildlife of Weld County, as determined by the OGED Director.
Sec. 21-5-550. Site preparation and stabilization.
A. Fencing requirements.
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1. Fencing of drill sites and access roads on Crop Lands. During drilling operations on Crop
Lands, when requested by the Surface Owner, the Operator shall delineate each drillsite
and access road on Crop Lands constructed after such date by berms, single strand fence,
or other equivalent method to discourage unnecessary surface disturbances.
2. Fencing of reserve Pit when livestock is present. During drilling operations where
livestock is in the immediate area and is not fenced out by existing fences, the Operator,
at the request of the Surface Owner, will install a fence around the reserve Pit.
3. Fencing of Well Sites. After Completion of drilling operations, where livestock is in the
immediate area and is not fenced out by existing fences, the Operator, at the request of
the Surface Owner, will install a fence around the wellhead, Pit, and production equipment
to prevent livestock entry.
B. Soil removal and segregation.
1. Soil removal and segregation on cropland. As to all excavation operations undertaken on
Crop Land, the Operator shall separate and store soil horizons separately from one
another and mark or document stockpile locations to facilitate subsequent Reclamation.
When separating soil horizons, the Operator shall segregate horizons based upon noted
changes in physical characteristics such as organic content, color, texture, density, or
consistency. Segregation will be performed to the extent practicable to a depth of six (6)
feet or bedrock, whichever is shallower.
2. Soil removal and segregation on non -cropland. As to all excavation operations
undertaken on Non -Crop Land, the Operator shall separate and store the topsoil horizon
or the top six (6) inches, whichever is deeper, and mark or document stockpile locations
to facilitate subsequent Reclamation. When separating the soil horizons, the Operator
shall segregate the horizon based upon noted changes in physical characteristics such as
organic content, color, texture, density, or consistency.
3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the
Operator to practicably segregate, then the topsoil shall be segregated to the extent
practicable and stored. Too rocky shall mean that the soil horizon consists of greater
than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in
diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness.
The Operator shall segregate remaining soils on Crop Land to the extent practicable to a
depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based
upon noted changes in physical characteristics such as color, texture, density or
consistency and such soils shall be stockpiled to avoid loss and mixing with other soils.
C. Protection of soils. All stockpiled soils shall be protected from degradation due to
contamination, compaction and, to the extent practicable, from wind and water erosion during
drilling and production operations. BMPs to prevent weed establishment and to maintain soil
microbial activity shall be implemented.
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D. Drill pad location. The drilling location shall be designed and constructed to provide a safe
working area while reasonably minimizing the total surface area disturbed. Consistent with
applicable spacing orders and Well location orders and regulations, in locating drill pads,
steep slopes shall be avoided when reasonably possible. The drill pad site shall be located
on the most level location obtainable that will accommodate the intended use. If not avoidable,
deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope
practical. Where feasible, Operators shall use directional drilling to reduce cumulative impacts
and minimize adverse impacts on Wildlife Resources.
E. Surface disturbance minimization.
1. In order to reasonably minimize land disturbances and facilitate future Reclamation, Well
Sites, production facilities, gathering Pipelines, and access roads shall be located,
adequately sized, constructed, and maintained so as to reasonably control dust and
Minimize Erosion, alteration of natural features, removal of surface materials, and
degradation due to contamination.
2. Operators shall avoid or minimize impacts to wetlands and riparian habitats to the degree
practicable.
3. Where practicable, Operators shall consolidate facilities and Pipeline rights -of -way to
Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife
habitat, as Well as cumulative impacts.
4. Access roads. Existing roads shall be used to the greatest extent practicable to avoid
erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall
be engineered to avoid or minimize impacts to riparian areas or wetlands to the extent
practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be
designed and constructed to allow fish passage, where practicable and appropriate.
Where feasible and practicable, Operators are encouraged to share access roads in
developing a Field. Where feasible and practicable, roads shall be routed to complement
other land usage. To the greatest extent practicable, all vehicles used by the Operator,
contractors, and other parties associated with the Well shall not travel outside of the
original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease
access to lease roads which result in unreasonable land damage or crop losses shall
subject the 1041 WOGLA Permit to rescission by the Board of County Commissioners
pursuant to Section 21-5-370.
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Sec. 21-5-555. Interim Reclamation.
A. General. Debris and waste materials other than de minimis amounts, including, but not limited
to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and cable, as
Well as equipment associated with the drilling, re-entry, or Completion operations shall be
removed. All E&P Waste shall be handled according to Section 21-5-450 of this Article V. All
Pits, cellars, rat holes, and other bore holes unnecessary for further lease operations,
excluding the drilling Pit, will be backfilled as soon as possible after the drilling rig is released
to conform with surrounding terrain. On Crop Land, if requested by the Surface Owner, guy
line anchors shall be removed as soon as reasonably possible after the Completion rig is
released. When permanent guy line anchors are installed, it shall not be mandatory to
remove them. When permanent guy line anchors are installed on cropland, care shall be
taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by
the Surface Owner or its representative, the anchors shall be specifically marked, in addition
to the marking required below, to facilitate farming operations. All guy line anchors left buried
for future use shall be identified by a marker of bright color not less than four (4) feet in height
and not greater than one (1) foot east of the guy line anchor.
B. Interim Reclamation of areas no longer in use. All disturbed areas affected by drilling or
subsequent operations, except areas reasonably needed for production operations or for
subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed
as early and as nearly as practicable to their original condition or their final Land Use as
designated by the Surface Owner and shall be maintained to control dust and Minimize
Erosion to the extent practicable. As to Crop Lands, if subsidence occurs in such areas
additional topsoil shall be added to the depression and the land shall be re -leveled as close
to its original contour as practicable. Interim Reclamation shall occur no later than three (3)
months on Crop Land or six (6) months on Non -Crop Land after such operations unless the
OGED Director extends the time period because of conditions outside the control of the
Operator. Areas reasonably needed for production operations or for subsequent drilling
operations to be commenced within twelve (12) months shall be compacted, covered, paved,
or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the
extent practicable.
C. Compaction alleviation. All areas compacted by drilling and subsequent Oil and Gas
Operations which are no longer needed following Completion of such operations shall be
cross -ripped. On Crop Land, such compaction alleviation operations shall be undertaken
when the soil moisture at the time of ripping is below thirty-five percent (35%) of Field capacity.
Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed
rock is encountered at a shallower depth.
D. Drilling Pit closure. As part of interim Reclamation, Drilling Pits shall be closed in the following
manner:
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1. Drilling Pit closure on Crop Land and within 100 -year Floodplain. On Crop Land or within
the 100 -year Floodplain, water -based bentonitic drilling fluids, except de minimis amounts,
shall be removed from the drilling Pit and disposed of in accordance with Section 21-5-
450 of this Article V. Operators shall ensure that soils meet the concentration levels of
Appendix 21-A. Drilling Pit Reclamation, including the disposal of drilling fluids and
cuttings, shall be performed in a manner to not result in the formation of an impermeable
barrier. Any cuttings removed from the Pit for drying shall be returned to the Pit prior to
backfilling, and no more than de minimis amounts may be incorporated into the surface
materials. After the drilling Pit is sufficiently dry, the Pit shall be backfilled. The backfilling
of the drilling Pit shall be done to return the soils to their original relative positions. Closing
and Reclamation of Drilling Pits shall occur no later than three (3) months after drilling and
Completion activities conclude.
2. Drilling Pit closure on Non -Crop Land. All drilling fluids shall be disposed of in
accordance with Section 21-5-450 of this Article V. Operators shall ensure that soils meet
the concentration levels of Appendix 21-A. After the drilling Pit is sufficiently dry, the Pit
shall be backfilled. Materials removed from the Pit for drying shall be returned to the Pit
prior to the backfilling. No more than de minimis amounts may be incorporated into the
surface materials. The backfilling of the drilling Pit will be done to return the soils to their
original relative positions so that the muds and associated solids will be confined to the
Pit and not squeezed out and incorporated in the surface materials. Closure and
Reclamation of Drilling Pits shall occur no later than six (6) months after drilling and
Completion activities conclude, weather permitting.
3. Minimum cover. On Crop Lands, a minimum of three (3) feet of backfill cover shall be
applied over any remaining drilling Pit contents. As to both Crop Lands and Non -Crop
Lands, during the two (2) year period following drilling Pit closure, if subsidence occurs
over the closed drilling Pit location additional topsoil shall be added to the depression and
the land shall be re -leveled as close to its original contour as practicable.
E. Restoration and revegetation. When a Well is completed for production, all disturbed areas
no longer needed will be restored and revegetated as soon as practicable.
1. Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands
shall be replaced to their original relative positions and contour and shall be tilled
adequately to re-establish a proper seedbed. The area shall be treated if necessary and
practicable to prevent invasion of undesirable species and noxious weeds, and to control
erosion. Any perennial forage crops that were present before disturbance shall be re-
established.
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2. Revegetation of Non -Crop Lands. All segregated soil horizons removed from Non -Crop
Lands shall be replaced to their original relative positions and contour as near as
practicable to achieve erosion control and long-term stability and shall be tilled adequately
to establish a proper seedbed. The disturbed area then shall be reseeded in the first
favorable season following rig demobilization. Reseeding with species consistent with
the adjacent plant community is encouraged. In the absence of an agreement between
the Operator and the affected Surface Owner as to what seed mix should be used, the
Operator shall consult with a representative of the local soil conservation district to
determine the proper seed mix to use in revegetating the disturbed area. In an area where
an Operator has drilled or plans to drill multiple Wells, in the absence of an agreement
between the Operator and the affected Surface Owner, the Operator may rely upon
previous advice given by the local soil conservation district in determining the proper seed
mixes to be used in revegetating each type of terrain upon which operations are to be
conducted. Interim Reclamation of all disturbed areas no longer in use shall be considered
complete when all ground surface disturbing activities at the site have been completed,
and all disturbed areas have been either built on, compacted, covered, paved, or
otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a
uniform vegetative cover has been established that reflects pre -disturbance or Reference
Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent
(80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. Re-
seeding alone is insufficient.
3. Interim Reclamation Completion. The Operator shall notify the OGED Director with a
description of the interim Reclamation procedures and any associated mitigation
measures performed, any changes, if applicable in the landowner's designated final Land
Use, and at a minimum four (4) photographs taken during the growing season facing each
cardinal direction which document the success of the interim Reclamation and one (1)
photograph which documents the total cover of live perennial vegetation of adjacent or
nearby undisturbed land or the Reference Area. Each photograph shall be identified by
date taken, Well name, GPS location, and direction of view.
4. Temporary Access Permits. If a temporary access permit is associated with a drillsite,
the temporary access will be reclaimed in accordance with Chapter 8, Article XIV of this
Code.
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Sec. 21-5-560. Final Reclamation of Well Sites and associated production facilities.
A. Well Sites and associated production facilities. Upon the Plugging and Abandonment of a
Well, all Pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned
Gathering Line Risers and Flowline Risers, and surface equipment shall be removed within
three (3) months of plugging a Well. All access roads to plugged and abandoned Wells and
associated production facilities shall be closed, graded and recontoured. Culverts and any
other obstructions that were part of the access road(s) shall be removed. Well locations,
access roads and associated facilities shall be reclaimed. As applicable, compaction
alleviation, restoration, and revegetation of Well Sites, associated production facilities, and
access roads shall be performed to the same standards as established for interim
Reclamation under Section 21-5-555, above. All other equipment, supplies, weeds, rubbish,
and other waste material shall be removed. The burning or burial of such material on the
premises shall be performed in accordance with applicable local, state, or federal Solid Waste
Disposal regulations. In addition, material may be burned or buried on the premises only with
the prior written consent of the Surface Owner. All such Reclamation work shall be completed
within three (3) months on Crop Land and twelve (12) months on Non -Crop Land after
plugging a Well or final closure of associated production facilities. The Director may grant an
extension where unusual circumstances are encountered, but every reasonable effort shall
be made to complete Reclamation before the next local growing season.
B. Production and special purpose Pit closure. The Operator shall comply with the Section 21-
5-450 of this Article V for the removal or treatment of E&P Waste remaining in a production
or special purpose Pit before the Pit may be closed for final Reclamation. After any remaining
E&P Waste is removed or treated, all such Pits must be back -filled to return the soils to their
original relative positions. As to both Crop Lands and Non -Crop Lands, if subsidence occurs
over closed Pit locations, additional topsoil shall be added to the depression and the land shall
be re -leveled as close to its original contour as practicable.
C. Final Reclamation threshold for release of Financial Assurance. Successful Reclamation of
the Well Site and access road will be considered completed when:
1. On Crop Land, Reclamation has been performed and the OGED Director has determined
there has been no significant unrestored subsidence over two growing seasons.
2. On Non -Crop Land, Reclamation has been performed and disturbed areas have been
either built on, compacted, covered, paved, or otherwise stabilized in such a way as to
Minimize Erosion to the extent practicable, or a uniform vegetative cover has been
established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses
with total percent plant cover of at least eighty percent (80%) of pre -disturbance or
Reference Area levels, excluding noxious weeds, as determined by the OGED Director.
The OGED Director shall consider the total cover of live perennial vegetation of adjacent
or nearby undisturbed land, not including overstory or tree canopy cover, having similar
soils, slope and aspect of the reclaimed area.
3. Disturbances resulting from flow line installations shall be deemed adequately reclaimed
when the disturbed area is reasonably capable of supporting the pre -disturbance Land
Use.
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4. The Operator has notified the OGED Director describing the final Reclamation
procedures, any changes, if applicable, in the landowner's designated final Land Use, and
any mitigation measures associated with final Reclamation performed by the Operator,
and a final Reclamation inspection has been completed by OGED, there are no
outstanding compliance issues as determined by the OGED Director.
D. Final Reclamation of all disturbed areas shall be considered complete when all activities
disturbing the ground have been completed, and all disturbed areas have been either built
upon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize
Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or
Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty
percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, or
equivalent permanent, physical erosion reduction methods have been employed. Re-
seeding alone is insufficient.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2019-10 was, on motion duly made and
seconded, adopted by the following vote on the 22nd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Date of signature:
Publication: June 5, 2019
June 7, 2019
First Reading:
Publication:
Steve Moreno
June 10, 2019
June 16, 2019, in the Greeley Tribune
Second Reading: July 1, 2019
Publication: July 10, 2019, in the Greeley Tribune
Final Reading: July 22, 2019
Publication: July 31, 2019, in the Greeley Tribune
Effective: August 5, 2019
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WELD COUNTY
CODE ORDINANCE 2019-10
ati
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHERE ,.S, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 21
AREAS AND ACTIVITIES OF STATE TEREST
ARTICLE I - Administrative Regulations
Division 1 - Introductory and General Provisions
Amend Sec. 21-1-10. Title and citation.
The regulations found in this Chapter 21 may be referred to generally as the 1041 Regulations,
unless the specific regulations adopted for the designated area or activity of state interest has a
designated name for that Article of This Chapter 21. All citations hereto shall be with reference to
the Section numbers of the Weld County Code, as set forth herein.
Amend Sec. 21-1-20. Purpose and findings.
A. Purpose and intent. The purpose and intent of the Section 1041 Regulations is to facilitate
identification, designation and administration of matters of state interest consistent with the
statutory requirements and criteria set forth in C.R.S. §24-65.1-101, et seq.
B. Findings. With respect to these 1041 Regulations, the Board of County Commissioners finds
as follows:
Delete 1 and renumber.
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1. The 1041 Regulations are necessary because of the intensity of current and foreseeable
development pressures on and within the County and to promote the health, safety and
welfare of the citizens, and to protect the environment and wildlife of Weld County;
Delete 3 and renumber.
2. The 1041 Regulations apply to the entire unincorporated territory of the County; and
3. The 1041 Regulations interpret and apply to any regulations adopted for specific areas of
state interest and specific activities of state interest which have been or may be designated
by the Board of County Commissioners.
Amend Sec. 214-30. Legal authority.
The 1041 Regulations are authorized by and through the Colorado Areas and A ctivities of
State Interest Act ("AASS"), C.R.S. §§24-65.1-101, et seq.; the Colorado Local Government Land
Use Enabling Act, C.R.S. §§29-20-101, et seq., including, without limitation, C.R.S. §29-20-104;
the County Planning and Building Code statutes set forth in C.R.S. Title 30, Article 28; and the
powers and authorities conferred upon home rule counties set forth in C.R.S. Title 30, Article 35,
including authority to adopt the Weld County Home Rule Charter to ensure self-determination and
to promote the health, safety, security and general welfare of the people of Weld County.
Amend Sec. 21-1-40. Applicability.
The 1041 Regulations shall apply to all proceedings concerning identification and designation
of any developments in any area of state interest or any activity of state interest which has been
or may hereafter be designated by the Board of County Commissioners, and the contrI of
development in any such area or activity within the County, unless specifically excepted pursuant
to the provisions of the regulations in the applicable Article of this Chapter 21.
Amend Sec. 21-1-50. Exempti ns.
The portions of the 1041 Regulations authorized exclusively under Section 24-65.1-101, et
seq., C.R.S., shall not apply to any development in an area of state interest or any activity of state
interest which meets any one (1) of the following conditions, as of May 17, 1974: (a) the specific
development or activity was covered by a current building permit issued by the County; (b) the
specific development or activity had been approved by the electorate of the County; or (c) the
specific development or activity is to be on land: (i) which has been conditionally or finally
approved by the County for planned unit development or for a use substantially the same as
planned unit development; (ii) which has been zoned by the County for the use contemplated by
such development or activity; or (iii) with respect to which a development plan has been
conditionally or finally approved by the County.
Amend Sec. 21-1-60. Relationship of 1041 Regulatllors to other county, state and federal
requiremets
A. More restrictive County standards or requirements control. Whenever the 1041 Regulations
are found to be inconsistent with any other applicable resolution, ordinance, code, regulation
or other enactment of the County, the enactment imposing the more restrictive standards or
requirements shall control.
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B. Statutory criteria in C.R.S. §24-65.1-202 and §24-65.1-204, control if the 1041 Regulations
are less stringent. In the event the 1041 Regulations are found to be less stringent than the
statutory criteria for administration of matters of state interest set forth in C.R.S. §24-65.1-202
and §24-65.1-204, the statutory criteria shall control.
C. The 1041 Regulations control if statutory criteria less stringent in C.R.S. §24-65.1-202 and
§24-65.1-204. In the event the 1041 Regulations are found to be more stringent than the
statutory criteria for administration of matters of state interest set forth in C.R.S. §24-65.1-
202 and §24-65.1-204, these 1041 Regulations shall control pursuant to the authority of
C.R.S. §24-65.1-402(3).
D. The 1041 Regulations set forth in Article V Chapter 21 control in cases of overlapping
requirements of this Code. Where the 1041 Regulations set forth in Article V of Chapter 21
overlap with other applicable regulations in this Code, then the 1041 Regulations set forth in
Article V of Chapter 21 control.
E. The 1041 Regulations are in addition to, and not in lieu of, other regulations of the County.
The 1041 Regulations are intended to be applied in addition to, and not in lieu of, all other
regulations of the County, including, without limitation, the zoning, subdivision, planned unit
development, regional urbanization area, intergovernmental agreement, individual sewage
disposal system and Comprehensive Plan portions of this Code.
Delete F. Permit requirements.
F. Other governmental agencies. In the event that any political subdivision, agency,
instrumentality or corporation of the State of Colorado or the United States government, or an
entity regulated by such a designated governmental unit, seeks to conduct a designated area
or activity of state interest in the County, the intent of the 1041 Regulations is that the Board
of County Commissioners shall exercise its authority pursuant to the 1041 Regulations and
state statutes to the maximum extent allowable consistent with federal and state law and
regulations.
Amend Sec. 21-1-70. Duties of Board of County Commissioners.
Unless otherwise specifically provided for, it shall be the duty of the Board of County
Commissioners to perform all of the functions set forth in this Article I, and those specified in
Articles II, Ill, and IV of this Chapter 21. The Board of County Commissioners shall also be
generally empowered to hear appeals from any person aggrieved by any decision of the Planning
Director made in the course of administering these 1041 Regulations. Any such appeal shall
follow the appeals procedure set forth in Section 2-4-10 of this Code.
Amend Sec. 21-1-90. Definitions.
The words and terms used in these 1041 Regulations for administration of areas and activities
of state interest shall have the meanings set forth below, unless the context requires otherwise:
Designation: Only that legal procedure specified by C.R.S. §24-65.1-401, et seq., and
specified in this Article I as carried out by the Board of County Commissioners.
Development: Any construction or activity which changes the basic character or the use of the
land upon which the construction or activity occurs, as determined in accordance with the
provisions of Chapter 23 of this Code.
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f
n
nD
signati
ray
_ mmend Sec. 21-1=210.
A. and B. — No change.
C. (Repealed.)
n ec. 214-220.
f
after
r
blic h
aria
to inter s
0
re l u�re
tic ublic head { s, mailing list, publication.
A. and B. — No change.
C. At least thirty (30) days but no more than sixty (60) days before the public hearing, the Board
of County Commissioners shall publish the notice one (1) time in the newspaper of general
circulation in the County designated by the Board as the County legal newspaper and shall
mail the notice by first class mail to each of the following:
1. State and federal agencies, as deemed appropriate in the discretion of the Board of
County Commissioners.
Remainder of Section — No change.
Amend S c. 21-1-230. afters t be c nsider d at resignation hearing.
tit
r
At the public hearings on designation, the Planning Commission, to the extent applicable, and
the Board of County Commissioners shall consider such evidence as they deem appropriate,
including, but not limited to, testimony and documents addressing the following considerations:
A. — No change.
B. The matters and considerations set forth in any applicable guidelines.
Remainder of Section — No change.
mend Sec. 21 =1-260a pti n f designatin and reulatio
s.
A. thru D. — No change.
E. Adoption of regulations adopted after designation of a matter of state interest shall be enacted
by Code amendment through adoption of a Code ordinance change.
m
n Sec. 214-270. Submission of material to Colorado Land Use Commission.
e{v led.)
s c. 214-290. Effect of designation - moratorium until final etrminatis_ n.
Except for the 1041 WOGLA Permit regulations and procedures set forth in Article V of this
Chapter 21, after a matter of state interest is designated pursuant hereto, no person shall engage
in develpment in such area and no such activity shall be conducted until the design.dion and
regulations for such area or activity are finally determined as required by C.R.S. §24®66.1-404(4).
ARTICLE II ® p'''er
eg
Oftins
The permit regulations set forth in this Artiicle II shall not apply to the regulations and
procedures regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21.
PAGE 4
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Division 5 - Administration, Enforcement and Penalties
Amend Sec. 21-2-500. Enforcement and penalties.
Any person engaging in a development in a designated area of a state interest or conducting
a designated activity of state interest who does not obtain a permit pursuant to these 1041
egulations, who does not comply with permit requirements, or who acts outside the authority of
the 1041 Permit, may be enjoined by the County from engaging in such development or
conducting such activity, and may be subject to such other criminal or civil liability as may be
prescribed by law.
ARTICLE III - Site Selection and Construction of Major Facilities of a Public Utility
Division 2 - Designation of Site Selection and Construction of Major Facilities of a PubUoc
Utility
Amend Sec. 21-3-200. Designation of site selection and construction of major facilities of
a public utility.
The Board of County Commissioners, having considered the intensity of current and
foreseeable development pressures, and the provisions and requirements of these 1041
Regulations, orders that the designation of site selection and construction of major facilities of a
public utility as a matter of state interest made by the Board on May 16, 2001, is hereby ratified
nd confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter.
R?mainder of Section — No change.
Add New ARTICLE V - Guidelines and Regulations for Oil and Gas Exploration and
Extraction in the Unincorporated Area of Weld County (Designated as Mineral Resource
Area of State Interest)
Division I - General and Introductory Provisions
Sec. 21-5-10. Purpose, intent and authority.
On June 10, 2019, pursuant to the provisions of Article I of this Chapter, the Board of County
Commissioners of Weld County designatod the entire unincorporated area of Weld County,
Colorado, as a mineral resource (oil and gas) area of state interest [the "Mineral Resource (Oil
nd G;s) Areal, through the authority delegated to Local Governments in Section 24-65.1-202,
C.R.S. Such designation is contained in Section 21-5-200, below. The regulations (referred to
herein as "1041 WOGLA Regulations") set forth in this Article IV are also made pursuant to the
authority granted Weld County in the Colorado Areas and Activities of State Interest Act
("AASIS"), Sections 24-65.1-101, et seq., C.R.S.; the Colorado Local Government Land Use
Enabling Act, Sections 29-20-101, et seq., C.R.S., including, without limitation, Section 29-20-
104, C.R.S.; the County Planning and Building Code statutes set forth in Title 30, Article 28,
C.R.S.; the powers and authorities conferred upon home rule counties set forth in Title 30, Article
35, C.R.S., including authority to adopt the Weld County Home Rule Charter to ensure self-
determination and to promote the health, safety, security and general welfare of the people of
Weld County; and all of the authorities granted to Local governments in Title 34, Article 60, C.R.S.
and in particular all of the amendments thereto included in S.B. 19-181. The purpose and intent
of the 1041 WOGLA Regulations set forth in this Article III are to:
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A. Encourage planned and orderly oil and gas development in Weld County;
Provide for the needs of agriculture, industry, commerce, residential communities and
recreation in future growth in Weld County;
C. Encourage uses of land and other natural resources which are in accordance with their original
character and adaptability in Weld County;
D. Conserve soil, water and agricultural resources; to protect vested water and property rights;
and to encourage the exploration and extraction of oil and gas within the Mineral Resource
(Oil and Gas) Area in Weld County;
E. Protect air quality in Weld County;
F. Protect the environment and wildlife in Weld County;
G. Promote the efficient and economic use of public resources in Weld County;
H. Protect and administer the Mineral Resource (Oil and Gas) Area in such a manner as to permit
the exploration and extraction of oil and gas and thereby minimize waste, unless such
exploration and extraction would cause significant danger to public health, safety, welfare,
environment and wildlife in Weld County;
I. Balance the protection, mitigation of damage to and enhancement of environmental resources
with the exploration and extraction of oil and gas within the Mineral Resource (Oil and Gas)
Area in Weld County; and
J. Regulate the exploration and extraction of oil and gas within the Mineral Resource (Oil and
Gas) Area to balance the rights associated with property ownership of mineral owners with
the protection of the environment and wildlife in Weld County and the health, safety and
welfare of the citizens of Weld County.
S C0 21-5-20. a-'finifiionsm
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designv.tion of site selection and construction of major facilities of a public utility shall be
construed to have the meanings set forth as follows:
1041 WOGLA Permit: means a Weld Oil and Gas Location Assessment permit issued
pursuant to this Article V.
Applicant: means the person who applies for a 1041 Weld County Oil and Gas Location
Assessment ("1041 WOGLA") permit. = ap l --ant-m y be hea9 ac , Q -aa r,
The Applicant may be referred to herein as the "1041 WOGLA Permittee."
Barrel: means 42 (U.S.) gallons at 60° F at atmospheric pressure.
Base Fluid: means the continuous phase fluid type, such as water, used in a hydraulic
fracturing treatment.
Best Management Practices (BMP's): means practices that are designed to prevent or reduce
impacts caused by oil and Gas Operations to air, water, soil, or biological resources, and to
Minimize Adverse Impacts to public health, safety and welfare, including the environment and
Wildlife Resources.
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Building Unit, for obtaining a 1041 WOGLA Permit, means a Residential Building Unit; and
every five thousand (5,000) square feet of building floor area in commercial facilities or every
fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and
normally occupied during working hours.
Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas Location as
measured from the Oil and Gas Location's disturbance area boundary in every direction.
Cement: means a powdery substance made with calcined lime and clay. It is mixed with
water to form mortar or mixed with sand, gravel, and water to make concrete and may be
measured in 94 -pound sacks.
Centralized E&P Waste Management Facility means a facility, other than a commercial
disposal facility regulated by the Colorado Department of Public Health and Environment, that (1)
is either used exclusively by one owner or Operator or used by more than one Operator under an
operating agreement; and (2) is operated for a period greater than three (3) years; and (3)
receives for collection, treatment, temporary storage, and/or disposal produced water, drilling
fluids, completion fluids, and any other exempt E&P Wastes that are generated from two or more
production units or areas or from a set of commonly owned or operated leases. This definition
includes oil -field naturally occurring radioactive materials (NORM) related storage,
decontamination, treatment, or disposal. This definition excludes a facility that is permitted in
accordance with COGCC Rule 903.
Chemical(s): means any element, Chemical compound, or mixture of elements or compounds
that has its own specific name or identity such as a Chemical abstract service number, whether
or not such Chemical is subject to the requirements of 29 G.F.R. Section 1910.1200(g)(2) (2011).
Child Care Center means a Child Care Center as defined in Section 26-6-102(5), C.R.S., that
is in operation at the time of the 1041 WOGLA Permit notice pursuant to Section 21-5-320 B.,
below. A Child Care Center will include any associated outdoor play areas adjacent to or directly
accessible from the center and is fenced or has natural barriers, such as hedges or stationary
walls, at least four (4) feet high demarcating its boundary.
Classified Water Supply Segment: means perennial or intermittent streams, which are surface
waters classified as being suitable or intended to become suitable for potable water supplies by
the Colorado Water Quality Control Commission, pursuant to the Basic Standards and
Methodologies for Surface Water Regulations (5 C.C.R. 1002-31).
COGCC: means the Oil and Gas Conservation Commission of the State of Colorado.
Commercial Disposal Well Facility: means a facility whose primary e tecti- -purpose is
disposal of Class II fluid waste (as defined in 40 C.F.R. §144.6(b)) waste from a third party for
financial profit.
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Completion: An Oil Well shall be considered completed when the first new oil is produce°
thrugh wellhead equipment into lease Tanks from the ultimate producing interval after the
production string has been run. A Gas Well shall be considered completed when the Well is
capable of producing gas through wellhead equipment from the ultimate producing zone after the
production string has been run. A dry hole shall be considered completed when all provisions of
Mugging are complied with as set out in these rules. Any Well not previously defined as an Oil
Well or Gas Well, shall be considered completed ninety (90) days after reaching total depth. If
approved by the DPSOGED Director, a Well theft requires extensive testing shall be considered
completed when the (Drilling rig is released or six months after reaching total depth, whichever is
later.
Comprehensive Drilling Plan: means a plan created by one or more Operator(s) covering
future Oil and Gas Operations in a defined geographic area within a geologic basin. The Plan
may (a) identify natural features of the geographic area, including vegetation, Wildlife Resources,
and other attributes of the physic; environment; (b) describe the Operator's future Oil and Gas
Operations in the area; (c) identify potential impacts from such operations; (d) develop agreed -
upon measures to avoid, minimize, and mitigate the identified potential impacts; and (e) include
other relevant information. A Comprehensive Drilling Plan must be approved by the Dep-aFtmerit
of la • .
ces Director 1041 Hearing Officer and shall be valid for a period as est-b_Ei-shed
period of six (6) months unless extended by the 1041 WOGLA Hearing Officer.
Container means any portable device in which a hazardous material is stored, transported,
treated, disposed of, or otherwise handled. Examples include, but are not limited to, drums,
Barrels, totes, carboys, and bottles.
Crop Land: means lands which are cultivated, mechanically or manually harvested, or
irrigated for vegetative agricultural production, excluding range land.
Day: means calendar day.
Designated Setback Location: means any Oil and Gas Location upon which any Well or
Production Facility is or will be situated within, a Buffer Zone Setback (1,000 feet), or an e Lion
ZoneBuilding Unit Setback (500 feet), or within one thousand (1,000) feet of a High Occupancy
Building Unit or a DOAA. The measurement for determining any Designated Setback Location
shall be the shortest distance between the Oil and Gas Location and the nearest edge or corner
of any Building Unit, nearest edge or corner of any High Occupancy Building Unit, or nearest
boundary of any DOAA.
Designated Outside Activity Area ("DOAA'): means
1 An outdoor venue or recreation area, such as a playground, permanent sports fField,
amphitheater, or other similar place of public assembly owned or operated by a Local
Government, which the Local Government requests to have established s a DOAA; or
2. An outdoor venue or recreation area, such as a playground, permanent sports fField,
amphitheater, or other similar place of public assembly where ingress to, or egress from
the venue could be impeded in the event of an emergency condition at an Oil and Gas
Location less than three hundred and fifty (350) feet from the venue due to the
configuration of the venue and the number of persons known or expected to
simultaneously occupy the venue on a regular basis.
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The 1041 WOGLA Hearing Officer shall determine whether to establish a DOAA and, if
so, the appropriate boundaries for the DOAA based on the totality of circumstances and
consistent with the purposes of this Article V.
' C D: means the Weld County Oil and Gas Ever w Va.tmsnI of R! n-ning
.
ervicesOGED.
DPOGED--_ Director means the Director of the Weld County CA and Gas Energy
art maritf E 0.
Drilling Pits: means those Pits used during drilling operations and initial Completion of a Well,
and include:
1. Ancillary Pits used to contain fluids during drilling operations and initial Completion
procedures, such as circulation Pits and water storage Pits.
2. Completion Pits used to contain fluids and solids produced during initial Completion
procedures, and not originally constructed for use in drilling oper$ions.
3. Flowback Pits used to contain fluids and solids produced during initial Completion
procedures.
4. Reserve Pits used to store drilling fluids for use in drilling operations or to contain E&P
Waste generated during drilling operations and initial Completion procedures.
Exploration And Production Waste ("E&P Waste'): means those wastes associated with
operations to locate or remove oil or gas from the ground or to remove impurities from such
substances and which are uniquely associated with and intrinsic to oil and gas exploration,
development, or production operations that are exempt from regulation under Subtitle C of the
Resource Conservation and Recovery Act (RCRA), 42 uSC Sections 6921, et seq. For natural
gas, primary Field operations include those production -related activities at or near the wellhead
and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but
prier to transport of the natural gas from the gas plant to market.
In addition, uniquely associated wastes derived from the production stream along the gas plant
feeder Pipelines are considered E&P Wastes, even if a change of custody in the natural gas has
occurred between the wellhead and the gas plant. In addition, wastes uniquely associated with
the operations to recover natural gas from underground storage Fields are E&P Waste.
Field: means the general area which is underlaid or appears to be underlaid by at least one
pool; and "Field" shall include the underground reservoir or reservoirs containing oil or gas or
both. The words "Field" and "pool" mean the same thing when only one underground reservoir is
involved; however, "Field," unlike "pool," may relate to two or more pools.
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Financial Assurance shall mean a surety bond, cash collateral, certificate of deposit, letter of
credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other
instrument or method in favor of and acceptable to the OP O ED Director. The term
encompasses general liability insurance.
Floodplain: means any land area susceptible to being inundated as a result of a flood,
including the area of land over which floodwater would flow from the spillway of a reservoir. The
FEMA-mapped Floodplains are shown on FEMA's DFIRM, FIRM and FBFM maps.
Flowline: means a segment of pipe transferring oil, gas, or condensate and/or water between
a wellhead and processing equipment to the load point or point of delivery to a U.S. Department
of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated Gathering Line or a segment of pipe transferring produced water
between a wellhead and the point of disposal, discharge, or loading. This definition of Flowline
does not include a Gathering Line. The different types of Flowlines are:
1. Wellhead Line: A Flowline that transfers Well production fluids from an --i" OH or Gas Well
to processticiq equipment (e.g., separator, production separator, Tank, heater treater), not
including preconditioning equipment such as sand traps and line heaters, which do not
materially reduce line pressure.
2. Production Piping: A segment of pipe that transfers Well production fluids from a wellhead
line or production equipment to a Gathering Line or storage vessel and includes the
following:
a. Production Line: A Flowline connecting a separator to a meter, LACT, or Gathering
Line;
b. Dump Line: A Flowline that transfers produced water, crude oil, or condensate to a
storage Tank, Pit, or process vessel and operates at or near atmospheric pressure at
the Flowline's outlet;
c. Manifold Piping: A Flowline that transfers fluids into a piece of Production Facility
equipment from lines that have been joined together to corningle fluids; and
d. Process Piping: All other piping that is integral to oil and gas exploration and
production related to an individual piece or a set of Production Facility equipment
pieces.
3. Off -Location Flowline: A Flowline transferring produced fluids (crude oil, natural gas,
condensate, or produced water) from an Oil and Gas Location to a Production Facility,
injection facility, Pit, or discharge point that is not on the same Oil and Gas Location. This
definition also includes Flowlines connecting to gas compressors or gas plants.
4. Peripheral Piping: A Flowline that transfers fluids such as fuel gas, lift gas, instrument gas,
or power fluids between oil and gas facilities for lease use.
5. Produced Water Flowline: A Flowline on the Oil and Gas Location used to transfer
produced water for treatment, storage, discharge, injection or reuse for Oil rind Gas
Operations.
A segment of pipe transferring only freshwater is not a Flowline.
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Future School Facility: mears a School Facility that is not yet built, out that the Scnool or
School Governing Booy plans to bud and use for students and staff within free years of the date
the School or School Governing Rrocly receives a 1041 WOGLA Permit roticct oursuant to Section
21' -5-320 B., below. To be considered a I _ uture School Facility, the following requirements must
be satisfied:
1. For public, non -charter Schools, the School G.verning Body must affirm the nature,
timing, and location of the Future School Facili
y in writing; or
2. For charter Schools, the School must have been approved by the appropriate School
district or the State Charier School Institute, Section 22-30.5-505, C.R.S., .t the time it
receives a 1041 WOGLA Permit notice pursuait to Section 21-5-320 R., below, and the
Scnool Governing Body must affirm the nature, timing, and location of the Future School
Fact ity in writing; or
3. For private Scn.ols, the School Governing Body must oe registered with the Office •,f the
Colorado Secretary of State ithr time it receives a 1041 'V LA Permit notice pursuant
to Section 21-5-320 B., below, and must provide documentation proving its registration
with the Office of the Colorado Secretry of State, its tax-exempt status, and its submitted
Land Use plans to the relevant Local Government building and planning office.
Gas Facility: means those facilities that process or compress natural gas after production -
related activities which are conducted at or near the wellhead and prior to a point where the gas
is transferred to a carrier for transport.
Gas Storage Well: means any Wel drilled for the injection, withdrawal, producti cn,
observation, or monitoring of natural gas stored in underground formations. The fact that any
such Well is used incidentally for the production f native gas or the enhanced recovery of native
hydrocarbons shall not affect its status as a Gas Storage Well.
Gas Well: means a Well, the principal production of which at the m • uth of the Well is gas, as
defined by the Colorado ' 'il and Gas Conservation Act ("the Act").
Gathering Line: melns a gathering Pipeline or system as defined by the Colorado Public
Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a
Pipeline regu ated by the UJ.S. Department of Transp•Drtation Pipeline and Hazardous Materials
Safety Administration pursuant to 49 C.F.R. Se ction 195.2 or 192. 49 C.F.R. Section 195.2 or
'92.8 and 4 C.C.R. 723-49C in existence as of the date of this regulation and does not Inc ude
later amendments. 49 C.F.R. Section 195.2 or 192.8 and 4 C.C.R. 723-490'. Additionally, 49
C.F.R. Section 195.2 or '92 may 'oe found at htttos://www.phmsa.dot.g•v, any4 C.C.R.
7234901 may be found at https://www,".sos.state.co.us.
Groundwater means subsurface waters in a zone o
sturation.
High Occupancy Building Unit: means
1. Any School, Nursing Facility as (refined in Section 25.5-4-103(14), C.R.S., Hospital, Life
Care institutions as defined in Section 12-13-101, C.R.S., or rrectisnal Facility as
defined in Section 17-1-102(1.7), C.R.S., prviced the facility or institution regularly serves
50 or more persons; or
2. Ai licensed operating Gild Care Center.
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Hydraulic Fracturing Additive: means any Chemical substance or combination of substances,
including any Chemicals and Proppants, that is intentionally added to a Base Fluid for purposes
of preparing a hydraulic fracturing fluid for treatment of a Well.
Hydraulic Fracturing Fluid: means the fluid, including the applicable Base Fluid and all
hydraulic fracturing additives, used to perform a hydraulic fracturing treatment.
Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by the application
of hydraulic fracturing fluid under pressure that is expressly designed to initiate or propagate
fractures in a target geologic formation to enhance production of oil and natural gas.
LACT ("Lease Automated Custody Transfer'): means the transfer of produced crude oil or
condensate, after processing or treating in the producing operations, from storage vessels or
automated transfer facilities to Pipelines or any other form of transportation.
Land Application: means the disposal method by which E&P Waste is spread upon or
sometimes mixed into soils.
Land Treatment: means the treatment method by which E&P Waste is applied to soils and
treated to result in a reduction of hydrocarbon concentration by biodegradation and other natural
attenuation processes. Land Treatment may be enhanced by tilling, disking, aerating, composting
and the addition of nutrients or microbes.
Large UMA Facility: means any Oil and Gas Location proposed to be located in an Urban
Mitigation Area and on which:
1. The Operator proposes to drill eight (8) or more new Wells; or
2. The cumulative new and existing on -site storage capacity for produced hydrocarbons
exceeds four -thousand (4,000) Barrels.
Local Government: means a county (in this Article V other than Weld County), home rule or
statutory city, town, territorial charter city or city and county, or any special district established
pursuant to the Special District Act, Sections 32-1-101 to 32-11-807 (2013) C.R.S.
Local Governmental Designee ("LGD'): means the office designated to receive, on behalf of
the Local Government, copies of all documents required to be filed with the LGD pursuant to
these rules.
Mineral Owner means the person who has the right to drill into ant producejrom a pool and
to appropriate the oil or gas produced therefrom either for such Owner or others or for such Owner
and others, including Owners of a Well capable of producing oil or gas, or both.
PAGE 12
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Minimize Adverse impacts: means, wherever reasonably practicable and taking into
consideration cost effectiveness, tecnnical feasibility and the Development Standards set forth in
Section 21-5-320 E. and D5vision of this Article V, to avoid adverse impacts to Wildlife
Resources or sig i l .-a at-a-dve-r-se--Empact- - to the environment- mrn O-il—and---as—Oper-ation-s,
including cumulative impacts where practicable, and minimize the extent and severity of those
impacts that cannot be avoided, mitigate the effects of unavoidable remaining impacts, take
1-nte--oon-sldera-tion - ost efascat- n 9 -s- and -technic -al- ae- i-b l- y regarding Development Standards
s
and actions and decisions taken to -i tnir zinimize Adverse adverse myc-€ impacts from Oil
aria Gas Operations.
Minimize Erosion: means implementing BMPs that are selected based on site specific
conditions and maintained to reduce erosion. Representative erosion control practices include,
but are not limited to, revegetation of disturbed areas, mulching, berms, diversion dikes, surface
roughening, slope drains, check dams, and other comparable measures.
Mitigation with respect to Wildlife Resources means measures that, in instances where
afternative siting is not feasilde compensate for adverse impacts to such resources, including, as
appropriate, habitat enhancement, on -site habitat mitigation, off -site habitat mitigation, or
mitigation banking.
Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or disposal of E&P
Wastes generated from more than one (1) Well that do not constitute a Centralized E&P Waste
Management Facility and that will be in use for no more than three (3) years.
Multi -Well Site: means a common Well pad from which multiple Wells may be drilled to various
bottom -hole locations.
Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal
Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this
Code
Non -Crop Land: means all lands which are not defined as Crop Land, including range land.
Oil and Gas Facility: means equipment or improvements used or installed at an Oil and Gas
Location for the exploration, production, withdrawal, treatment, or processing of crude oil,
condensate, E&P Waste, or gas; excluding Pipeline - natural gas and Pipeline - petroleum
products other than natural gas, as those terms are defined in Chapter 23 of this Code, and all
other Pipelines and Flowlines used or installed at the Oil and Gas Facility.
Oil and Gas Location: means a definable area where an Operator has disturbed or intends to
disturb the land surface to locate an Oil and Gas Facility for the purposes of obtaining a 1041
WOGLA.
Oil and Gas Operations: means exploration for and extraction of oil and gas, including, but
not limited to, conducting seismic operations and the drilling of test bores; siting, drilling,
deepening, recompleting, reworking, or abandoning a Well; producing operations related to any
Well, including installing Flowlines; the generating, transporting, storing, treating, or disposing
exploration and production wastes; and any constructing, site preparing, or reclaiming activities
associated with such operations.
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Oil Well: means a Well, the principal production of which at the mouth of the Well is oil, as
defined by the Act.
Operator means any person who exercises the right to control the conduct of Oil and Gas
Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may
be referred to herein as the "1041 WOGLA Permittee."
Owner - ns-=he h- s _ the- r3 -ht ' drIn i-n- o proc ce 'r m-- - 3 o o— n -d --f
fro p h e -a or -g -as -s fi -rethi c -e - fr o-m-eyt e 40rr S —U, —Ch Ow -r- o roe. rs-o r -moor S-61 ch-Own-ef
�`v 2 _. '� P A_! �° B �r 5
or �+' Sr a c Fa e � �b -G ��1
Pipeline, for this Article V, means a Flowline, crude oil transfer line or Gathering Line as
defined herein.
Pit means any natural or man-made depression in the ground used for oil or gas exploration
or production purposes. Pit does not include steel, fiberglass, concrete or other similar vessels
which do not Release their contents to surrounding soils.
Plugging and Abandonment (PEA): means the cementing of a Well, the removal of its
associated production facilities, the abandonment of its Flowline(s), and the Remediation and
Reclamation of the wellsite.
Point of Compliance: means one or more points or locations at which compliance with
applicable Groundwater standards established under Water Quality Control Commission Basic
Standards for Groundwater, Section 3.11.4, must be achieved.
Pollution: means man-made or man -induced contamination or other degradation of the
physical, Chemical, biological, or radiological integrity of air, water, soil, or biological resource.
Production Facility: means any storage, separation, treating, dehydration, artificial lift, power
supply, compression, pumping, metering, monitoring, Flowline, and other equipment directly
associated with a Well.
Proppant: means sand or any natural or man-made material that is used in a hydraulic
fracturing treatment to prop open the artificially created or enhanced fractures once the treatment
is completed.
Public Water System: means those systems shown and/or listed in Appendix VI of the
COGCC Rules. These systems provide to the public water for human consumption through pipes
or other constructed conveyances, if such systems have at least fifteen (15) service connections
or regularly serve an average of at least twenty-five (25) individuals daily at least sixty (60) days
out of the year. Such definition includes:
1. Any collection, treatment, storage, and distribution facilities under control of the Operator
f such system and used primarily in connection with such system.
2. Any collection or pretreatment storage facilities not under such control, which are used
primarily in connection with such system.
The definition of "Public Water System" does not include any "special irrigation district," as
defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1).
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Reclamation: means the process of returning or restoring the surface of disturbed land as
nearly as practicable to its condition prior to the commencement of Oil and Gas Operations or to
landowner specifications. Reclamation may be interim or fine as set forth in Sections 21-5-555
an: 211-5-560 of this Article V.
Reference Area: means an area either (1) on a portion of the site that will not be disturbed by
Oil and Gas Operations, if that is the desired final Reclamation; or (2) another location that is
undisturbed by Oil and Gas Operations and proximate and similar to a proposed Oil and Gas
Location in terms of vegetative potential and management, owned by a person who agrees to
allow periodic access to it by the Director and the Operator for the purpose of providing baseline
information for Reclamation standards, and intended to reflect the desired final Reclamation.
Release: means any unauthorized discharge of F_&P Waste to the environment over time.
Remediation: means the process of reducing the concentration of a contaminant or
contaminants in water or soil to the extent necessary to ensure compliance with the concentration
levels in Appendix 21-A and other applicable ground water standards and classifications.
Reserve Pits: means those Pits used to store drilling fluids for use in drilling operations or to
contain E&P Waste generated during drilling operations and initial Completion procedures.
Residential Building Unit: means a building or structure designed for use as a place of
residency by a person, a family, or families. The term includes manufactured, mobile, and
modular homes, except to the extent that any such manufactured, mobile, or modular home is
intended for temporary occupancy or for business purposes.
Responsible Party: means an owner or operator who conducts an oil and gas operation in a
manner which is in contravention of any then -applicable provision of the Act, or of any rule,
regulation, or order of the Commission, or of any permit, that threatens to cause, or actually
causes, a significant adverse environmental impact to any air, water, soil, or biological resource.
RESPONSIBLE PARTY includes any person who disposes of any other waste by mixing it with
exploration and production waste so as to threaten to cause, or actually cause, a significant
adverse environmental impact to any air, water, soil, or biological resource.
Restricted Surface Occupancy Area: means the wildlife habitat areas in Weld County shown
in Appendix VII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas
shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to said
Appendix VII.
Riser means the component of a Flowline transitioning from below grade to above grade.
School: means any operating Public School as defined in Section 22-7-703(4), C.R.S.,
including any Charter School as defined in Section 22-30.5-103(2), C.R.S., or Section 22-30.5-
502(6), C.R.S., or Private School as defined in Section 22-30.5-103(6.5) C.R.S.
School Facility: means any discrete facility or area, whether indoor or outdoor, associated with
a School, that students use commonly as part of their curriculum or extracurricular activities. A
School Facility is either adjacent to or owned by the School or School Governing Body, and the
School or School Governing Body has the legal right to use the School Facility at its discretion.
The definition includes Future School Facility.
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School Governing Body: means the School district board or board of directors for public
Schools or the ba rd of trustees, board of directors, or;fly other body r person charged with
administering! private School or group of private Schools, or any -body or person responsible for
administering or operating a Child Care Center. A School Governing Body may delegate its
rights under these rules, in writing, to a superintendent or other staff member, or to a principal or
senior administrator of a School that is in proximity to the proposed Oil and Gas Location.
Sensitive Area: means an area vulnerable to potential significant adverse Groundwater
impacts, due to factors such as the presence of shallow Groundwater or pathways for
communication with deeper Groundwater; proximity to surface water, including lakes, rivers,
perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas
classified for domestic use by the Colorado Water Quality Control Commission, local (water
supply) wellheao protection .areas, areas within one -eighth (1/8) mile of a domestic water Well,
areas within one -quarter (114) mile of a public water supply Well, ground water basins designated
by the Colorado Ground Water Commission, and surface water supply areas are Sensitive Areas.
When the Oder ;tor or UPSOGED Director has data that indicate an impact or threat of impact to
ground water or surface water, the DPSOGED Director may require the Operator to make a
Sensitive Area determination and that determination shall be subject to the DPSOGED Director's
pproval. The Sensitive Area determination shall be made using appropriate geologic and
hydrogeologic data to evaluate the potential for impact to ground water and surface water, such
as soil borings, monitoring Wells, or percolation tests that demonstrate that seepage will not reach
underlying ground water or Waters of the State and impact current or future uses of these waters.
perators shall submit data evaluated and analysis used in the determination to the DPSOGED
Direcsr. Operations in Sensitive Areas shall incorporate adequate measures and controls to
prevent significant adverse environmental impacts and ensure compliance with the concentration
levels in Appendix 21-A, with consideration to WQCC standards and classifications.
S
Sensitive Wildlife Habitat: means the wildlife habitat areas in Weld County shown in Appendix
VIII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas shall not affect
1041 WOGLA Permits approved prior to the effective date of any changes to said Appendix VIII
to the COGCC Rules.
Solid Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply
plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or
contained gaseous material resulting from industrial operations, commercial operations, or
community activities. Solid Waste does not include any solid or dissolved materials in domestic
sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or
industrial discharges which are point sources subject to permits under the provisions of the
Colorado Water Quality Control Act, Title 25, Article 8, C.R.S. or materials handled at facilities
licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S. Solid Waste
does not include: (a) materials h;ndled at facilities licensed pursuant to the provisions on radiation
control in Title 25, Article 11, C.R.S.; (b) excluded scrap metal that is being recycled; or (c)
shredded circuit boards that are being recycled.
Solid Waste Disposal: means the storage, treatment, utilization, processing, or final disposal
of Solid Wastes.
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Special Purpose Pits: means Pits used in Oil and Gas Operations, including Pits related to
produced water Flowlines or associated with E&P Waste from gas gathering, processing and
storage facilities, which constitute:
1. Blowdown Pits used to collect material resulting from, including but not limited to, the
emptying or depressurizing of Wells, vessels, or Flowlines, or E&P Waste from gathering
systems
2. Flare Pits used exclusively for flaring gas.
3. Emergency Pits used to contain liquids during an initial phase of emergency response
operations related to a Spill/Release or process upset conditions.
4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous
materials in crude oil which may settle to the bottoms of Tanks or production vessels and
which may contain residual oil.
5. Workover Pits used to contain liquids during the performance of remedial operations on a
producing Well to increase production.
6. Plugging Pits used for containment of fluids encountered during the plugging process.
Spill: means any unauthorized sudden discharge of E&P Waste to the environment.
Storm water Runoff: means rain or snowmelt that flows over land and does not percolate into
soil and includes stormwater that flows onto and off an Oil and Gas Location or Oil and Gas
Facility, being more specifically defined in Chapter 8 of this Code.
Stratigraphic Well: means a Well drilled for stratigraphic information only. Wells drilled in a
delineated Field to known productive horizons shall not be classified as "stratigraphic." Neither
the term "Well" nor "Stratigraphic Well" shall include seismic holes drilled for obtaining geophysical
information only.
Surface Owner means any person owning all or part of the surface of land upon which Oil
and Gas Operations are conducted, as shown by the tax records of the county in which the tract
of land is situated, or any person with such rights under a recorded contract to purchase.
Surface Use Agreement ("SUA"): means any agreement in the nature of a contract or other
form of document binding on the Operator, including any lease, damage agreement, waiver, Local
Government approval or permit, or other form of agreement, which governs the Operator's
activities -en --t e -s uc face-i n- e-I-ati-o-n--to locating a Well, Mu4t-PAfel I Site, Production F -c i- , Pi-peline
eh ny other Oil and Gas Fa- UL .,� �, a6 \datea Surface
Owner's property within the Oil and Gas Location.
Surface Water Intake: means the works or structures at the head of a conduit through which
water is diverted from a Classified Water Supply Segment and/or source (e.g., river or lake) into
the treatment plant.
Surface Water Supply Area: means the Classified Water Supply Segments within five (5)
stream miles upstream of a Surface Water Intake on a Classified Water Supply Segment. Surface
Water Supply Areas shall be identified on the Public Water System Surface Water Supply Area
Map.
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Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel,
plastic) that provides structural support and is designed and operated to store produced fluids or
ESP Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks,
produced water Tanks, and gun Barrels. Exclusions include Containers and process vessels
such as separators, heater treaters, free water knockouts, and slug catchers.
Urban Mitigation Area ("UMA"): means an area where: (A) At least twenty-two (22) Building
Units or one (1) High Occupancy Building Unit (existing or under construction) are located within
a one -thousand (1,000) foot redius of the proposed Oil and Gas Location; or (B) At least eleven
(11) Building Units or one (1) High Occupancy Building Unit (existing or under construction) are
located within any semi -circle of the one -thousand (1,000) foot radius mentioned in subsection
(A) above.
Use: means any purpose for which a structure or a tract of land may be designed, arranged,
intended, maintained or occupied; also, any activity, occupation, business or operation which is
carried on in or on a structure or on a tract of land.
Waters of the St-at--eU. S.: means waters pursuant to and c-o•n-si-nt- 9-t-h--CoIora-do
&t'atut -an '-Federal regulations enacted pursuant to the Federal Clean Water Act.
Well, when used alone in these regulations, means an 'oic O,i or Gas Well, a hole drilled for
the purpose of producing oil or gas, a Well into which fluids are injected, a Stratigraphic Well, a
Gas Storage Well, or a Well used for the purpose of monitoring or observing a reservoir.
Well Site: means the areas that are directly disturbed during the drilling and subsequent
operation of, or affected by production facilities directly associated with, any Oil Well, Gas Well,
or injection Well and its associated Well pad.
Wildcat (Exploratory) Well: means any Well drilled beyond the known producing limits of a
pool
Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats.
All Other Words used herein shall be given their usual customary and accepted meaning, and
all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning
which is generally accepted in said oil nd gas industry.
Sec. 21-5-30. Applicability and General Rules.
A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041 WOGLA") requires
additional consideration to ensure the Oil and Gas Facility and Oil and Gas Location are
developed in a manner that complies with various Development Standards set forth in Section
21-5-320 E. and Division 4 of this Article V and provides compatibility with uses located within
one -thousand (1,990000) feet of the Oil and Gas Location (including School Facilities and
Child Care Centers within one -thousand three -hundred twenty (1,320) feet of the ail and Gas
Location). The 1041 W GLA Permit is designed to protect and promote Weld County's
environment and wildlife and the health, safety, and welfare of the present and future residents
of the C.unty.
" 'its 'il
A 1041 W•GLA Permit is required after August �i 2019, for the construction of oil and gas
facilities in all zone districts. All existing aoproved or pending WOGLA's as of August 5, 2019,
are not subject to the new regulations set forth in this Article V.
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C No Oil and Gas Facility shall be constructed in any zone district until a 1041 WOGLA Permit
has been granted by a 1041 WOGLA Hearing Officer pursuant to the procedures set forth in
Section 21-5-350 of this Article V or following appeal to the Board of County Commissioners
pursuant to Section 2-4-10 of this Code. This applies to:
1. Any new Oil and Gas Location, meaning surface disturbance at a previously undisturbed
site
2. Surface disturbance for purposes of modifying or expanding an existing Oil and Gas
Location; and
3. The addition of a Well or a Pit, except an emergency Pit or a flare Pit where there is no
risk of condensate accumulation, to any existing Oil and Gas Location.
D. -RSThe Department of Planning Services shall not issue a building permit for any Oil and
Gas Facility in any zone district until a 1041 WOGLA Permit has been granted.
E. No 1041 VVOGLA Permit shall be required for:
1. An Oil and Gas Facility for which an application on a Form 2A has been submitted to the
COGCC on or before February 1, 2017.
2. Routine Well operations, including, but not limited to, swabbing, workovers, refracs,
recompletions and normal repairs and maintenance of an existing Oil and Gas Facility.
3. Surface disturbance at an existing Oil and Gas Location within the original disturbed area
which does not have the effect of modifying or expanding the Oil and Gas Facility or the
Oil and Gas Location.
4. Repairs or maintenance of an Oil and Gas Facility required by a state or federal
compliance order.
F. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with
the procedures and regulations set forth in this Article IV.
G. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with
Article V and Article XI of Chapter 23 of this Code if the proposal is located within any Overlay
District Area or a Special Flood Hazard Area identified by maps officially adopted by the
County.
H. Applications for a 1041 WOGLA shall be completed as set forth in Section 21-5-320 of this
Article V. The completed application and application fees shall be submitted to the
u.PL G _ O Director.
I. The DPSOGED Director may require an Applicant to submit an Improvements Agreement for
the construction of required improvements to mitigate impacts caused by the Oil and Gas
Facility. The Improvements Agreement shall be made in conformance with the County policy
for improvements and agreements and must be approved by the Board of County
Commissioners prior to operation.
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J. The review, consideration and issuance of a 1041 WOGLA is an administrative hearing
process and is exempt from the definition of development set forth in the agreements
contained in Chapter 19 f the Weld County Code. However, oil and gas exploration and
extraction in Weld County is considered development as that term is defined in Section
24-65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is in applicable to permitting
of oil and gas development in Weld County.
K. Information regarding the status of or facts and circumstances regarding an approved 1041
WOGLA Permit, including any desired changes or modifications, may be transmitted by a
1041 WOGLA Permittee to the DP OGED Director via electronic means.
ce 21-5-40. Relationship f 1041 WOGL
reuirenients affectin = II and gas expi
Re•ul
ration
"Jr%
ti ns to other c unty9 state, and feder
d ext9 cth•n.
A. Nothing in these 1041 WOGLA Regulations shall be construed as exempting an Applicant for
a 1041 WI-GLA Permit from any other requirements of this County.
As stated in Section 21-5-10, above, these WOGLA 1041 Regulations are written, in part,
according to the authority granted exclusively to Local Governments in Subsections 29-20-
104(1)(g) and (1)(h), C.R.S., and are intended to address the following areas and topics
regarding oil and gas exploration and extraction in Weld County:
1 Land Use;
2. The location and siting of Oil and Gas Facilities and Oil and Gas Locations;
3. Impacts to public facilities and services;
4. Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality,
land disturbance, Reclamation procedures, cultural resources, emergency preparedness
and coordination with first responders, security, and traffic and transportation impacts;
5. Financial securities, indemnification, and insurance as appropriate to ensure compliance
with these 1041 WOGLA Regulations;
6. All other nuisance -type effects of oil and gas develop r ent addressed in these 1041
WOGLA Regulations; and
7. Otherwise planning for and regulating the Use - use of land so as to provide planned and
orderly Use _ use of land and protection of the environment in a manner consistent with
constitutional rights.
Because these 1041 WOGLA Regulations are written pursuant to the authorities granted
to Weld County in the AASIA and specifically the express authorities set forth in Sections
24-65.1-202 and 24-65.1-402, C.R.S., to adopt guidelines and regulations governing oil
and gas exploration and extraction in Weld County, to the extent these 1041 WOGLA
Regulations are inconsistent with the regulations of the COGCC regarding any of the
areas and topics regarding oil and gas exploration and extraction in Weld County listed
above, these 1041 WOGLA Regulations control.
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C. Pursuant to Section 34-60-131, C.R.S., it is the intent of the Board of County Commissioners
to regulate oil and gas exploration and extraction in Weld County cooperatively with the
COGCC, deferring regulation of the areas and topics regarding oil and gas exploration and
extraction not addressed in these 1041 WOGLA Regulations to the COGCC.
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Divisi
n2
c. 21-5-2
resurce
esign
0. Deco
an
•
a..
•
f state interest
natin of the etiler
as) rea i4 state interest.
rated ar
ct
4,
a
id
nth y mineral
The Board of County Commissioners, having considered the intensity of current and
foreseeable development pressures; the Guidelines and Criteria for Identification and Land -Use
Controls of Geologic Hazard and Mineral Resource Areas, Special Publication 06, Colorado
Geological Survey / Dept. of Natural Resources / Denver, Colorado 11974; the guidelines set
forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 WOGLA
Regulations, hereby orders that the designation of the entire unincorporated area of Weld County
as a mineral resource (oil and gas) area of state interest [the Weld Mineral Resource (Oil and
Gas) Area] made by the Board on June 10, 2019, is hereby ratified and confirmed and that this
activity shall be regulated pursuant to the provisions of this Chapter.
c. 21-5®210. Boundari4*s if arec.vere zz,;it deSl tetion.
The entire unincorporated area of Weld County has been designated as a mineral resource
(oil and gas) area and the exploration and extraction of oil and gas within the area shall be subject
to this designation and these 1041 WOGLA Regulations.
Sec. 21-5-220. Reasons for designation.
Because oil and gas resources are found throughout the unincorporated area of Weld County
and are being developed rapidly, the Board of County Commissioners has designated the
unincorporated area of Weld County as a mineral resource (oil and gas) area:
A. To regulate :• it and gas development in a manner that respects local values protects the
health, safety and welfare of Weld County's cmmunity and environment;
B. To ensure coordination and compatibility of the often competing uses of oil and gas
exploration and extraction and agriculture;
C. To adequately plan for and properly mitigate the encroachment of residential development
upon Oil and Gas Operations; and
D. To have local oversight in Land Use planning decisions regarding oil and gas exploration and
extraction in Weld County.
Sec. 21-5-230. No morat num.
It is the intent of the Board of County Commissioners that no moratorium as referred to in
Section 24-65.1-404 (4), C.R.S., shall be in place during the reading process of this Code
amendment. Instead, during the reading process the current WOGLA rules set forth in Division
10, Article 2 of Chapter 23 of this Code shall be in effect until the effective date of this Code
amendment.
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Division 3 - 1041 WOGLA Permit Program for Oil and Gas Exploration and Extraction in
the Weld Mineral Resources (Oil and Gas) Area
Sec. 21-5-300. Prohibition on exploration or extraction of oil and gas within the Weld
Mineral Resource (Oil and Gas) Area without 1041 WOGLA Permit.
A. No person may explore or extract oil and gas within the Weld Mineral Resource (Oil and Gas)
Area without first obtaining a 1041 WOGLA Permit pursuant to these 1041 WOGLA
Regulations.
B. No local authority, including the County, may issue a building permit for purposes of
exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas) Area
without the Applicant first having obtained a 1041 WOGLA Permit pursuant to these 1041
WOGLA Regulations.
Sec. 21-5-310. Procedural requirements.
The procedures concerning permit applications, notice, and conduct of 1041 WOGLA Permit
hearings, review of Board of County Commissioners decisions and issuance and content of
permits for exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas)
Area shall comply with the provisions set forth in this Article V.
Sec. 21-5-320. Application requirements for 1041 WOGLA Permit.
A 1041 WOGLA Permit application shall be submitted to DPSOGED for processing and
determination of whether the application is complete and in compliance with the requirements of
this Section. Upon the Applicant's or DPSOGED Director's request, made either before or after
the submittal of the application, there may be an application meeting between the Applicant and
DPSOGED, which may be accomplished through a face-to-face meeting, electronic mail
exchange, or conference call, as determined by DPSOGED. The purpose of the application
meeting is to give the Applicant an opportunity to demonstrate, through written and graphic
information, how the Oil and Gas Facility complies with the standards set forth in this Section.
The following supporting documents shall be submitted as a part of the application:
A. An application for a 1041 WOGLA Permit on a form supplied by DPSOGED. The application
shall include the following:
1. The name, address, and telephone number of the Applicant.
2.. Legal description of the Oil and Gas Location under consideration.
3. Total acreage of the Oil and Gas Location.
4. Existing Land Use of the property where the Oil and Gas Facility will be located.
5. Present zone and overlay zones, if appropriate.
6. A finalized list of the Oil and Gas Facility components.
7. Signature of the Applicant.
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B. Certification that Ue 4h-e--a�p fis- o -n a thea 1041 WOGLA Permit e-a�o licotion notice
has been delivered to SAG -En -Unit -the owner(s) of Buiidinp Units located within one -thousand
(1,0-00000) feet or less of the Oil and Gas Location; to the Local Governments whose
boundaries are within one -thousand (1, -O' -10O0) feet or less of the Oil and Gas Location; and
to the Schoo Governing Body of any School Thcility or Future School Facilit\ or Child Care
Center within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas
Location. Such notice shall comply with the following:
The tcant—s tl--dfe-,i-ve-r a 1041 WOGLA Permit pre -application notice snall be delivered
by the Applicant to the following parties: Building Unit owners located within one -thousand
(1 ,0-0Q000) feet of the Oil and Gas Location (as determined by Weld County Assessors record
at the time of notice); the Weld County LGD and the LGD's for Local Governments located
within one -thousand (1,9--y000) feet or less of the Oil and Gas Location; and the principal or
senior administrator, and School Governing Body of any Soh -Gel -School Facility or Future
School Facility, or Child Care Center located within one -thousand three -hundred twenty
(1,320) feet or less from the Oil and Gas Location. he -1-04' ' ' GLa n-o-t4oea s ral-1
info-r-mher r G' -s s -they must respond in wr1t4ng 1t44 c & '-gi n msnts-a a lo r con oe n s o- -h- -he
-pe-r-aaP a n d—tn u y- -t-h--i-n--twee etf . 4-28)-da-y -of renew _ ng- ---not;-co : Delivery of
the 1041 WOGLA Permit pre -application notice shall occur not more than six (6) months prior
to submitting a 1041 WOGLA per n1 --Permit application. The 1041 WOGLA Permit
pre -app ication notice shall include the following information:
1. The location and a general description of the proposed oil and gas facilities.
2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the ; ro-pe-y-Building
Unit owners, Scf fool Governing Body of an- School Facility or Future School Facility,
Child Care Centers and Local Governments whose properties or jurisdictional boundaries
are located within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas
Location —(4n — 1 i -n -S- o -I -s -a -n -d- hl-d-C-- -Fe e- eFs->.
4. A proposed access map, including off -site haul route(s). The haul route map shall show
the proposed route back to the nearest County designated collector or arterial roadway,
or nearest highway.
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5. A drawing showing the Oil and Gas Facility and disturbed areas. The drawing shall be a
scaled drawing, or scaled aerial photograph showing the approximate outline of the Oil
and Gas Location and all Wells and/or production facilities used for measuring distances
shall be attached. The drawing shall include all visible improvements within one -
thousand three -hundred twenty (1,320) feet of the proposed Oil and Gas Location, with a
horizontal distance and approximate bearing from the Oil and Gas Facilities. Visible
improvements shall include, but not be limited to, all buildings and properties, publicly
maintained roads and trails, fences, above -ground utility lines, railroads, Pipelines or
Pipeline markers, mines, Oil Wells, Gas Wells, injection Wells, water wells known to the
Operator and those registered with the Colorado State Engineer, known springs, plugged
Wells, known sewers with manholes, standing bodies of water, and natural channels,
including permanent canals and ditches through which water may flow. If there are no
visible improvements within one -thousand three -hundred twenty (1,320) feet of a
proposed Oil and Gas Location, it shall be so noted on the map. The Location Drawing
shall also include the proposed access(es) and proposed mitigation measures.
6. A list of the Oil and Gas Facility components.
7. A statement that the notice recipient may request a meeting to discuss the proposed Oil
and Gas Facility by contacting the County or the Operator.
S. Operator and County contact information:
a. After notice is received, additional information or proof of notice may be requested by
the County. Based on site specific considerations, the County may request that
additional parties be included in the notification.
b. A Building Unit and/o-r Building Unit property owner or occupant and LGD for Local
Government within one -thousand (1,000) feet, or School Governing Body of any
School Facility or Future School Facility, or Child Care Center within one -thousand
three -hundred twenty (1,320) feet of a proposed Oil and Gas Location who would be
eligible to receive a 1041 WOGLA Permit notice may, through letter delivered to the
DPSOGED Director, waive future receipt of such notice(s).
9. A statement that the Applicant will consider reasonable mitigation measures proposed by
the notice recipient to Minimize Adverse Impacts e -increment
f the
pro po-s d -O i-I and G curnative-irn-pacts-caused-by o-ih-aa-n.d
gas-clevelop-m-ecAirthin the one -thousand -three -hundred twenty (1,320) foot ra to -s --of the
proposed Oil and Gas Location. To identify foreseeable oil and gas activities in a defined
geographic area, facilitate discussions about potential cumulative impacts and identify
measures to Minimize Adverse Impacts to public health, safety, welfare, and the
environment, including Wildlife Resources, from such activities, Operators are
encouraged to initiate and enter into Comprehensive Drilling Plans, where feasible and
with the agreement of the involved Surface Owner(s).
10. A topographic map showing all surface waters and riparian areas within one -thousand
Var •-(1,32-0000) feet of the proposed Oil and Gas Location, with a
horizontal distance and approximate bearing from the Oil and Gas Location shall be
attached.
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C. Certification in the application that a SUA or other document, including, but not limited to, a
Memorandum of SUA or an affidavit by the Applicant, has been executed by the Operator and
the Surface Owner(s) of the property where the Oil and Gas Location will be located,
demonstrating that the Operator and Surface Owner have agreed to an Oil and Gas Location.
If no SUA or other document is available at the time of applying for the 1041 WOGLA Permit,
the Applicant shall proceed with the 1041 WOGLA Permit process and shall provide a
statement in the 1041 WOGLA Permit application that it is currently in SUA, or other
agreement negotiations, and that it will provide any necessary financial security which may
be required by these 1041 WOGLA Regulations.
D. A statement which explains that the application complies with Article V and Article XI of
Chapter 23 of this Code, if the proposal is located within any Overlay District Area or a Special
Flood Hazard Area identified by maps officially adopted by the County.
E. A statement which provides evidence of compliance with the following standards and the
Development Standards set forth in Division 4 of this Article V:
1. Oil and gas facilities shall be located to minimize impact on agricultural operations.
2. Dust control measures shall be employed as necessary during high traffic periods for both
on -site and off -site haul roads, including unpaved county roads when necessary and in
consultation with the County's Department of Public Works.
3. Traffic reduction measures shall be employed by Operators when feasible, such as,
utilizing fresh water supply Pipelines for Completions and the use of centralized storage
facilities and/or transmission of crude oil via Pipeline.
4. Haul routes shall be designated and developed in consultation with the County.
Municipalities, with roadways which are part of the haul routes, should be included in such
consultation.
5. Liquid and Solid Wastes shall be stored and removed for final disposal in a manner that
protects against surface and Groundwater contamination. See applicable Sections of
Division 4 of this Article V.
6. The Oil and Gas Facility shall comply with the Stormwater and water quality regulations
set forth in Chapter 8 of this Code.
7. Noise from drilling, Completion activities, and production shall comply with the noise limits
set forth in Section 21-5-435 of this Article V.
Light sources shall be shielded or directed downward, and in a manner to reduce impacts
onto adjacent properties and dwellings. See Section 21-5-405 of this Article V.
9. Visual mitigation measures shall be considered and employed when feasible. See Section
21-5-410 of this Article V.
10. Site security measures shall be employed as necessary.
11. The Oil and Gas Facility shall be maintained in such a manner to prevent noxious weeds.
See Section 21-5-400 of this Article V.
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12. Weight limits. No travel vehicles associated with the 1041 WOGLA Permit may exceed
the weight restrictions set forth in Chapter ' 28, Article P-"--JV of this Cade for required
specifications for pounds=per-axle and axle configurations unless overweight permits
have been applied for and granted by the Department of Public Works.
13. If applicable, Right -of -Way (ROW) Permits issued by the Department of Public Works
pursuant to Chapter 8 of this Code, are required for any work occurring within County
ROW. No work within County ROW shall occur without such ROW Permits being issued.
F. An access permit issued by the County's Department of Public Works pursuant to the
requirements of Chapter 8 of this Code is required prior to commencement of drilling activities.
If the access point is under the jurisdiction of a Local Government other than Weld County,
proof of access fro-ns granted b r�such Local Government ("Authority having Jurisdiction" or
"AHJ") is required.
G. A statement and drawing describing the size and approximate location of all on -location
Flowlines and oil and gas lines, and water Pipelines integral to production and connecting to
the Oil and Gas Facility. A t graph --a4 map showangq surface- tens an -► an area s
a s � , �.� r -e u t � e 9 ' 32Q) -f f the p tpos_eLocation,-
with
n� �_} �� , � � -� d �o-� �� � rz-d-�d �� ��.. ��-t �-e e- �,- � pro -posed t.; � Oil I and -Gm a �
a h cizenta I--th.st ai --e as nd _-app-rox r -n -ate --be r1 fm m th-e-O-i l and -Gas o cat 4o- sha-H--be
a-ttac4 ae-d- A GIS map of off -location Flowlines must ce provided after construction.
H. A statement describing the kind of vehicles (type, size, weight) that will access the Oil and
Gas Facility during drilling and Completion operations, and a defined access route. This shall
include a traffic narrative with the following information:
1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups,
tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. The time of day when the highest traffic volumes are expected. If the drilling waste
(cuttings and fluids) will be disposed of on the Oil and Gas Location, including a statement
describing the location and disposal method.
I. A certified list containing the names, addresses and the corresponding Parcel Identification
Numbers assigned by the County Assessor of Building Unit and ore-Drty owners within one -
thousand three -hundred tek r:\,L(1,32O000) feet of the Oil and Gas Location (including School
Facilities and Child Care Centers within one -thousand three -hundred twenty (1,320) feet). The
source of such list shall be the records of the County Assessor, or an ownership update from
a title, abstract company, or attorney derived from such records, or from the records of the
County Clerk and Recorder. If the list was assembled from the records of the County
Assessor, the Applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
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J. Where an authorized legal agent signs the application for the Oil and Gas Facility on behalf of
the Applicant, evidence of a power of attorney or other authorization for the signature of the
legal agent must be provided. If a copy of the SLA is provided with the application, then the
SUA fulfills the requirement of providing an authorization form.
K. A Road Maintenance Agreement ('MA) or C•-mprehensive Road Maintenance Agreements
are required for a 1041 WOGLA permit. If applicable, an off -site Improvements Agreement
executed by the Applicant in accordance with the County policy and documents for collateral
for improvements shall ;Is be required.
L. The Applicant shall consult
together an Emergency Acti
ith the Weld County Office of Emergency Management to put
n Plan.
M. A statement sh-owirr-g---docurre' _la`s how theApplicant has performed an analysis of
reasonable siting alternatives for the Oil and Gas Facility to determine if the chosen Oil and
Gas Location is the least impactful to the protect Weld County's environment and wildlife nd
the health, safety and welfare of Weld County's citizens.
N. The following information:
1. Measurements specifying the shortest distance between any Well or Production Facility
proposed or existing on the Oil and Gas Location and the edge or corner of the nearest
building, Building Unit, High Occupancy Building Unit, the nearest boundary of a ID
and the nearest public road, above ground utility, railroad, and property line.
2. A minimum of four (4) color photographs, one (1) of the staked location from each cardinal
direction shall be attached. Each photograph shall be identified by: date taken, Well •r
location name, and direction of view.
3. A list of major equipment components to be used in conjunction with drilling and operating
the Well(s), including all Tanks, Pits, flares, combustion equipment, separators, and other
ancillary equipment and a description of any Pipelines for oil, gas, or water.
4. The Natural Resources Conservation Service ("NRCS") soil map unit description for the
Oil and Gas Location.
5. For Declamation purposes, the designation of the current Land Use(s) and Surface
Owner's designated final Land Use(s) and basis for setting Reclamation standards. If the
final Land Use includes residential, industrial, commercial, or cropland and does not
include any other Uscs, the Land Use should be indicated and no further information is
needed. Of the final Land Use includes rangeland, forestry, recreatin, or wildlife habitat,
then a Reference Area shall be selected and the following information shall be attached:
a. A topographic map showing the location of the site, and the location of the Reference
Area; and
b. Four (4) color photographs of the Reference Area, taken during the growing season
of vegetation ano facing each cardinal direction. Each photograph shall be identified
by date taken, Well or Oil and Gas Location name, and direction of view. Such
photographs may be submitted to DRSOGED any time up to twelve (12) m.nths after
the granting of the 1041 WOGLA.
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6. Where the proposed Oil and Gas Location is for multiple Wells on a single pad, a drawing
showing proposed wellbore trajectory with bottom -hole locations shall be attached.
7. A description of any Applicant -proposed BMPs. With the consent of the Surface Owner,
this may include mitigation measures contained in a relevant SUA.
8. Designation of whether the proposed Oil and Gas Location is within Sensitive Wildlife
Habitat or a Restricted Surface Occupancy Area.
9. An indication if an Army Corps of Engineers permit pursuant to 33 U.S.C.A. Sections 1342
and 1344 of the Water Pollution and Control Act (Section 404 of the federal "Clean Water
Act") is required for the construction of an Oil and Gas Location.
10. A map or scaled aerial image depicting the Oil and Gas Location boundary and proposed
and existing Wells and production facilities in proximity to any surrounding School Facility
or Child Care Center, including distances, and a statement indicating whether the School
Governing Body requested consultation and whether, after consultation, the School
Governing Body and Operator reached agreement regarding identification of a School
Facility or Child Care Center.
11. Construction Layout Drawing. If the Oil and Gas Location disturbance is to occur on lands
with a slope ten percent (10%) or greater, or one (1) foot of elevation gain or more in ten
(10) foot distance, then the following information shall be attached:
a. Construction layout drawing (construction and operation); and
b. Location cross-section plot (construction and operation).
12. If the proposed Oil and Gas Location is within one -thousand (1,000.000) feet of a Building
Units or within one -thous t- r -e hundred twen4y ( -- a Schoolor within one -
thousand three -hundred twenty (1,320) feet of a School Facility, Future School Facility or
Day Care Center, the following information shall be attached:
a. A Waste Management Plan; and
b. Evidence that the Building Unit owners-, LGD for Local Government, or School
Governing Body of any School Facility or Future School Facility, or Child Care Center
er Zone received the 1041 WOGLA Permit notice required by Section
21-5-320 B., above.
13. A statement describing who will provide fire protection to the site.
14. A scaled facility layout drawing depicting the location of all existing and proposed new Oil
and Gas Facilities covered by the application.
O. Such additional information as may be required by DRSOGED, including, but not limited to,
additional data as reasonably required by DP-SOGED resulting from consultation with the
Weld County Department of Public Health and Environment or Colorado Parks and Wildlife.
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Sec. 21-5-330. D' J`_'>} GdED review of 1041 WOGLA Permit application.
DP-SOGED shall review the 1041 WOGLA Permit application to determine if it is complete.
Such review shall occur within seven (7) days of the filing of the application. Upon completeness
determination by the DPSOGED Director, he or she shall send notice of a hearing for the 1041
WOGLA Permit application before the 1041 WOGLA Hearing Officer to Building Unit owner(s)
located within one -thousand three -hundred twenty (1,320) feet or less of the Oil and Gas Location;
to the principal or senior administrator, and School Governing Body of any School or Child Care
Center within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas
Location; and to the referral agencies listed below. Such notification shall be mailed first-class
by DPSOGED at least thirty-seven (37) days prior to the date of hearing. The DPSOGED
Director shall also prepare legal notice for the hearing to be published in the newspaper
designated by the Board of County Commissioners for publication of notices. The date of
publication shall be at least thirty-seven (37) days prior to the date of hearing. The mailed and
published notice shall inform the reader that he or she may apply for intervention in the manner
set forth in Section 21-5-340 A.1, below.
DPSOGED shall be responsible for the following:
A. Refer the application to the following agencies, when applicable, for review and comment.
The agencies named shall respond within twenty-eight (28) days after the mailing of the
application by the County. The failure of any agency to respond within twenty-eight (28) days
shall be deemed to be a favorable response to the Planning Department. The reviews and
comments solicited by the County are intended to provide the County with information about
the proposed 1 041 WOGLA Permit. The reviews and comments submitted by a referral
agency are recommendations to the 1041 WOGLA Hearing Officer:
1. The planning commission or governing body of any Local Government whose boundaries
are within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas Location.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. The Colorado Parks and Wildlife.
5. The COGCC.
6. The appropriate fire district(s).
7. Any irrigation ditch company with irrigation structures of record that are on, or adjacent to,
the Oil and Gas Facility.
8. To any other agencies or individuals to whom DPSOGED deems a referral necessary.
B. Prepare staff comments addressing all aspects of the application, its conformance with the
Weld County Code in effect at the time of filing of the application, sound Land Use planning
practices, comments received from agencies to which the proposal was referred, and the
standards contained in Section 21-5-320 E. and Division 4 of this Article V. Such comments
shall be provided to the 1041 WOGLA Hearing Officer for consideration as evidence in the
hearing.
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C. Charge a reasonable fee that covers costs incurred by Weld County for D-PSOGED review of
the application, holding the appropriate hearing, and performing any necessary administrative
tasks associated with the issuance of the 1041 WOGLA Permit.
Sec. 21-5-340. 1041 WOGLA Hearing.
A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit Applicant and any
person or entity who has been granted intervention by the 1041 WOGLA Hearing Officer shall
have the right to participate formally in the 1041 WOGLA Hearing. The process for seeking
intervention is as follows:
1. Application for intervention must be received by the 1041 WOGLA Hearing Officer no later
than twenty (20) days prior to the 1041 WOGLA Hearing. Application must be on the form
included in the 1041 WOGLA Notice of Hearing or on the form provided on the -P OGED
website. Persons who have standing to file application for intervention are limited to those
who have received the 1041 WOGLA Notice of Hearing by First Class Mail or who have
demonstrated that they would be directly, adversely and significantly affected or aggrieved
by the granting of the 1041 WOGLA Permit. Application for intervention must include the
following:
a. The docket number of the 1041 WOGLA Hearing;
b. Legal address of the person applying for intervenor;
c. The date of the application for intervention;
d. A general statement of the factual or legal basis for the protest or intervention based
on the application for intervention;
e. A description of the intended presentation including a list of proposed witnesses; and
f. A time estimate to hear the protest or intervention.
2. All applications for intervention shall be granted or denied by the 1041 WOGLA Hearing
Officer within ten (10) days of their receipt. Such decision shall be communicated to the
Applicant for intervention electronically in a manner determined by the 1041 WOGLA
Hearing Officer.
3. Any statement provided by a person not granted intervention will be considered a written
comment to be included in the 1041 WOGLA Hearing record but not considered by the
1041 WOGLA Hearing Officer as evidence.
B. Conduct of 1041 WOGLA Hearing.
1 1041 WOGLA Hearings shall be conducted informally with as fe,{minimal technical
requirements -as po s l-epresentation. The 1041 WOGLA Hearing Officer shall control
the evidence taken during a hearing in a manner best suited to fully and fairly develop the
relevant evidence, safeguard the rights of all parties, and ascertain the substantive rights
of the parties based on the merits of the issue(s) to be decided.
2 Participation by the parties and/or witnesses by telephone or other electronic means shall
be at the discretion of the 1041 WOGLA Hearing Officer.
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3. Postponements of hearings shall not be granted without the showing of necessity by the
1041 WOGLA Hearing party requesting the postponement.
>: 1041 WOGLA Hearin g s will be docketea to occur on a weekly basis on da s to be
aetermined by the 1041 Hearing Officer. Complete applications whose notice
requirements have been met shall be scheduled for hearing on the next available weekiy
docket.
C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA
Hearing, the 1041 WOGLA Hearing Officer shall:
1. Grant the 1041 WOGLA Permit if he or she determines that sufficient evidence exists in
the record that the standards set forth in Section 21-5-320 E. and Division 4 of this Article
V will be met.
2. Inform the participants of his or her decision. The decision of the 1041 WOGLA Hearing
Officer shall be clearly set forth on the bottom of the 1041 WOGLA Permit application.
3. Inform the participants that such decision may be appealed to the Board of County
Commissioners pursuant to the appeal procedures set forth in Section 2-4-10 of this Code.
D. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable certainty,
stability, and fairness in the Land Use planning process and in order to stimulate economic
growth, secure the reasonable investment -backed expectations of landowners, and foster
cooperation between the public and private sectors in the area of Land Use planning, the
Board of County Commissioners declares and orders that an approved 1041 WOGLA Permit
is an approved site specific development plan as that term is defined in Section 23-8-20 of
this Code and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041 WOGLA
Permit is a vested property right, as defined in Section 23-8-20, upon the Completion of the
notification requirements set forth in Section 23-8-70 of this Code. Once noticed pursuant to
the requirements of Section 23-8-70, the approved 1041 WOGLA Permit confers upon the
Operator the right to undertake and complete the exploration and extraction of oil and gas in
Weld County under the terms and conditions set forth therein, pursuant to Section 24-68-
103(1)(c), C.R.S.
Sec. 21-5-350 C pliance with 1041 WOGL.,AN St
se
An Applicant for a 1041 WOGLA shall demonstrate conformance with, and shall continue to
meet, the 1041 WOGLA standards approved and adopted by the County. Noncompliance with
the approved 1041 WOGLA standards may be reason for rescission of the 1041 WOGLA by the
Board of County Commissioners.
Seca 21-5-360o Changes any termination of use.
A. Major changes from the approved 1041 WOGLA Permit shall require the approval of a new
1041 WOGLA Permit by the 1041 WOGLA Hearing ''fficer. D-PLSGED is responsible for
determining whether a major change exists, in which case a new 1041 WOGLA application
and processing shall be required. Any other changes shall be filed in the OPSOGED in the
approved 1041 WOGLA Permit file and documented via an OGED sundry notice form.
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B. Construction pursuant to approval of a 1041 WOGLA shall be commenced, and continual
progress made within three (3) years from the date of publication of announcing the approval
of the 1041 WOGLA Permit, or the approval shall terminate. The Q-OGED Director may
grant an extension of time for an additional three (3) years, for good cause shown, upon a
written request.
Sec. 21-5-370. Rescission procedures.
A. If at any time following the approval of a 1041 WOGLA the DRSOGED determines that one
(1) or more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of
this Article V have not been met, the OP-SOGED Director shall notify the Operator of the Oil
and Gas Facility of the failure to meet the standard(s). The Operator will be given thirty (30)
days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30)
days the failure to comply with the standards has not been cured, a hearing shall be scheduled
before the Board of County Commissioners.
B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or
more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this
Article V have not been met. Upon such a finding, the Board may rescind the 1041 WOGLA
and seek any appropriate legal remedies to cease the USE of the Oil and Gas Facility.
Sec. 21-5-380. Site investigation, Remediation, and closure.
A. General site investigation and Remediation requirements.
1. Sensitive Area Determination. Operators shall complete a Sensitive Area determination in
accordance with COGCC Rule 901.e.
2. Sampling and analyses. Sampling and analysis of soil and ground water shall be
conducted in accordance with COGCC Rule 910. to determine the horizontal and vertical
extent of any contamination in excess of the concentrations in Appendix 21-A.
3. Management of E&P Waste. E&P Waste shall be managed in accordance with Section
21-5-450 of this Article V.
4. Pit evacuation. Prior to backfilling and site Reclamation, E&P Waste shall be treated or
disposed in accordance with Section 21-5-450 of this Article V.
5. Remediation. Remediation shall be performed in a manner to mitigate, remove, or reduce
contamination that exceeds the concentrations in Appendix 21-A in order to ensure
protection of public health, safety, and welfare, and to prevent and mitigate significant
adverse environmental impacts. Soil that does not meet concentrations in Appendix 21-A
shall be remediated. Ground water that does not meet concentrations in Appendix 21-A
shall be remediated.
6. Reclamation. Remediation sites shall be reclaimed in accordance with Sections 21-5-545,
21-5-555, and 21-5-560 of this Article V.
7. Surface Owner's desires. Remediation by an Operator shall take into consideration the
wishes of the Surface Owner.
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B. Workplan. Operators shall prepare and submit for prior DPSOGED Director approval a
workplan for the following operations and Remediation activities:
1. Unlined Pit closure when required by COGCC Rule 905.
2. Remediation of Spills/Releases in accordance with COGCC Rule 906.
3. Land Treatment of oily waste in accordance with Section 21-5-450 of this Article V.
4. Remediation of impacted ground water in accordance with COGCC Rule 910.b.(4).
C. Multiple sites. Remediation of multiple sites may be submitted on a single workplan.
D. Closure.
1. Remediation and Reclamation shall be complete upon compliance with the concentrations
in Appendix 21-A, or upon compliance with an approved workplan.
2. Notification of completion. Within thirty (30) days after conclusion of site Remediation and
Reclamation activities Operators shall provide notification of completion to the DPSOGED
Director.
E. Release of Financial Assurance. Financial Assurance required by Section 21-5-445 may be
held by the U SOGED Director until the required Remediation of soil and/or ground water
impacts is completed in accordance with the approved workplan, or until cleanup goals are
met.
Sec. 21-5-390. Transferability f °l t41 GLA Permits.
Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator
takes subject to all terms and conditions of the 1041 WOGLA Permit and shall be considered the
Responsible Party. _Within th- sixty (3060) days of transfer, the new Operator shall notify the
DPSOGED Director and the Surface Owner in writing of the name, business address, and other
contact information of the new Operator.
Division 4 — 1041 WOGLA Permit Development standards.
Sec. 21-5-400. Weed control.
oductAll disturbed areas shall be kept as free of all
undesirable plant species designated to be noxious weeds as practicable. Weed control
measures shall be conducted in compliance with the Colorado Noxious Weed Act, Sections 35-
5.5-101, et seq., C.R.S. If applicable, the 1041 WOGLA Hearing Officer may require a weed
control plan.
Sec. 21-5-405. Lighting.
To the extent practicable, site lighting shall be directed downward and inward and shielded
to avoid glare on public roads and Building Units within one thousand three -hundred twenty
(1,320) feet. The lumens associated with the site lighting may be limited by the 1041 WOGLA
Hearing Officer as a means of providing mitigation. After new lighting has been erected on an
OH and Gas Location, the Operator shall perform an inspection of the boundaries to ensure lights
are not impacting nearby Building Units or public roads.
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Sec. 21-5-410. Visual impact mitigation.
Production facilities, regardless of construction date, observable from any public highway
shalt be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell
S oil Color Coding System), and with colors matched to but slightly darker than the surrounding
landscape.
Sec. 21-5-415. Fugitive dust.
Operators shall employ practices for control of fugitive dust caused by their operations.
S uch practices shall include but are not limited to the use of speed restrictions, regular road
maintenance; restriction of construction activity during high -wind days; and magnesium
chloride, water, and silica dust controls when handling sand used in hydraulic fracturing
o perations. Additional management practices such as road surfacing, wind breaks and barriers,
o r automation of Wells to reduce truck traffic may also be required if technologically feasible
and economically reasonable to minimize fugitive dust emissions.
Sec. 21-5-420. Odor.
Oil and Gas Operations shall comply with the Colorado Department of Public Health and
Environment, Air Quality Control Commission, Regulation No. 2 Odor Emission, 5 C.C.R. 1001-
4, Regulation No. 3 (5 C.C.R. 1001-5), and Section XVII.B.1 (a -c) and Section XII of Regulation
N o 7
S ec. 21-5-425. Production equipment and operations.
In addition to any applicable requirements set forth in this Article V, Operators must comply
with the requirements for production equipment and operations set forth in COGCC Rule 805 b.
(2)
Sec. 21-5-430. Well Completions.
In addition to any applicable requirements set forth in this Article V, Operators must comply
with the requirements for Well Completions set forth in COGCC Rule 805 b. (3).
Sec. 21-5-435. Noise.
A. Oil and Gas Operations at any Well Site, Production Facility, or Gas Facility shall comply
with the following A Scale maximum permissible noise levels.
ZONE 7:00 a.m. to next 7:00 p.m.
Residential/
Agricultural/Rural
Commercial
Light Industrial
Industrial
7:00 m. to next 7:00 a.m.
55 db(A) 50 db(A)
60 db(A)
70 db(A)
80 db(A)
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65 db(A)
75 db(A)
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The type of Land Use of the surrounding area shall be determined by the DPSOGED Director.
In the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permitted above may
be increased ten (10) dB(A) for a period not to exceed fifteen (15) minutes in any one (1) hour
period. The allowable noise level for periodic, impulsive or shrill noises is reduced by five (5)
dB (A) from the levels shown.
B. Except for an Oil and Gas Location within a Designated Setback Location, operations
involving Pipeline or Gas Facility installation or maintenance, the use of a drilling rig,
Completion rig, workover rig, or stimulation is subject to the maximum permissible noise
levels for Light Industrial Zones.
C. In remote locations, where there is no reasonably proximate occupied structure or DOAA,
the light industrial standard may be applicable.
D. Pursuant to inspection or upon receiving a complaint from a nearby property owner
regarding noise related to Oil and Gas Operations, DPSOGED shall conduct an onsite
investigation and take sound measurements as prescribed herein.
E. The following provide guidance for the measurement of A Sca:96 9e sound levels and assignment
of points of compliance for Oil and Gas Operations:
1 Sound levels shall be measured three hundred and fifty (350) feet from the noise source.
At the request of the complainant, the sound level shall also be measured at a point
beyond three hundred fifty (350) feet that the complainant believes is more
representative of the noise impact. If an oil and Gas Well Site, Production Facility, or
Gas Facility is installed closer than three hundred fifty (350) feet from an existing
occupied structure, sound levels shall be measured at a point twenty-five (25) feet from
the structure towards the noise source. Noise levels from oil and gas facilities located
on surface property owned, leased, or otherwise controlled by the Operator shall be
measured at three hundred and fifty (350) feet or at the property line, whichever is
greater.
In situations where measurement of noise levels at three hundred and fifty (350) feet is
impractical or unrepresentative due to topography, the measurement may be taken at a
lesser distance and extrapolated to a three -hundred fifty (350) foot equivalent using the
following formula: db(A) DISTANCE 2 = db(A) DISTANCE 1 - 20 x log 10 (distance
2/distance 1).
2. Sound level meters shall be equipped with wind screens, and readings shall be taken
when the wind velocity at the time and place of measurement is not more than five (5)
miles per hour.
3. Sound level measurements shall be taken four (4) feet above ground level.
4. Sound levels shall be determined by averaging minute -by -minute measurements made
over a minimum fifteen (15) minute sample duration if practicable. The sample shall be
taken under conditions that are representative of the noise experienced by the
complainant (e.g., at night, morning, evening, or during special weather conditions).
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5. In all sound level measurements, the existing ambient noise level from all other sources
in the encompassing environment at the time and place of such sound level
measurement shall be considered to determine the contribution to the sound level by
the Oil and Gas Operations.
In situations where the complaint or onsite inspection indicates that low frequency noise is
a component of the problem, the Dip GED Director shall obtain a sound level
measurement twenty-five (25) feet from the exterior wall .•,f the residence or occupied
structure nearest to the noise source, using a noise meter calibrated to the db(C) scale. If
this reading exceeds 65 db(C), the DPSOGED Director shall require the perator to obtain
a low frequency noise impact analysis by a qualified sound expert, including identification
of any reasonable control measures available to mitigate such low frequency noise impact.
Such study shall be provided to the DPSOGED Director for consideration and p•lssible
action
G Exhaust from all engines, motors, coolers and other mechanized equipment shall be vent:d
in a direction away from all Building Units.
H. All Oil and Gas Facilities with engines or motors which are not electrically operated that are
within four hundred (400) feet of Building Units shall be equipped with quiet design mufflers
or equivalent. All mufflers shall be properly installed and maintained in proper working order.
Sec. 21-5-440. P • 00uto®n.
The Aerator shall take precautions to prevent significant adverse environmental impacts to
air, water, soil, or biological resources to th;- extent necessary to protect public health, safety and
welfare, including the environment and Wildlife Resources, taking into consideration cost-
effectiveness and technical feasibility to prevent the unauthorized discharge or disposal of oil,
gas, E&P Waste, Chemical substances, trash, discarded equipment or other oil Field waste.
Sec. 21=5445. Financial Assurance requfirements.
Prior to drilling or commencing any operations with heavy equipment, an •perator shall
provide Financial Assurance to the County in the form of a surety bond or other collateral
acceptable to the DPSOGED Director in the amount set forth below to protect Surface Owners
who are not parties to a lease, SUA or other relevant agreement with the Operator from
unreasonable crop loss or land damage caused by Oil and Gas Operations. Financial Assurance
for Surface Owner protection shall not be required for operations conducted on state lands when
a bond has been filed with the State Board of Land Commissioners. The Financial Assurance
required by this Section shall be in the amount of two thousand dollars ($2,000) per Well for non -
irrigated land, or five thousand dollars ($5,000) per Well for irrigated land. In lieu of such individual
amounts, Operators may submit blanket Financial Assurance in the amount of twenty-five
thousand dollars ($25,000). Any request for relief pursuant to such Financial Assurance must be
granted by the Board of County Commissioners upon application by the Surface Owner.
Corrective or remedial action performed by the Operator may be considered by the DPSOGED
Director before and as part :•f any rder to xecute on the Financial Assurance provided pursuant
to this Section. The Financial Assurance provided pursuant to this Section is not intended to limit
any monetary award for unreasonable crop loss or land damage that cannot be remediated or
corrected. Financial Assurance submitted to the •DPSOGED Director shall be held for safekeeping
by the Clerk to the Board of County Commissioners.
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Sec. 21-5-450. Management of E&P Waste.
A. General requirements.
1. Operator obligations. Operators shall ensure that E&P Waste is properly stored, handled,
transported, treated, recycled, or disposed to prevent threatened or actual significant
adverse environmental impacts to air, water, soil or biological resources or to the extent
n ecessary to ensure compliance with the concentration levels listed in Appendix 21-A,
with consideration to ground water standards and classifications.
2. E&P Waste management activities shall be conducted, and facilities constructed and
o perated, to protect the Waters of the State of ColoradoU.S. from significant adverse
environmental impacts from E&P Waste, except as permitted by applicable laws and
regulations.
3. Reuse and recycling. To encourage and promote waste minimization, Operators may
propose plans for managing E&P Waste through beneficial use, reuse, and recycling by
submitting a written management plan to the DPSOGED Director for approval, if
applicable. Such plans shall describe, at a minimum, the type(s) of waste, the proposed
u se of the waste, method of waste treatment, product quality assurance, and shall include
a copy of any certification or authorization that may be required by other laws and
regulations. The DPSOGED Director may require additional information.
S. Waste transportation.
1. E&P Waste, when transported off -site within Colorado for treatment or disposal, shall be
transported to facilities authorized by the COGCC Director or permitted waste disposal
facilities approved to receive E&P Waste. When transported to facilities outside of
Colorado for treatment or disposal, E&P Waste shall be transported to facilities authorized
and permitted by the appropriate regulatory agency in the receiving state.
2. Waste generator requirements. Generators of E&P Waste that is transported offsite shall
maintain, for not less than five (5) years, copies of each invoice, bill, or ticket and such
other records as necessary to document the following requirements:
a. The date of the transport;
b. The identity of the waste generator;
c. The identity of the waste transporter;
d. The location of the waste pickup site;
e. The type and volume of waste; and
f. The name and location of the treatment or disposal site.
Such records shall be signed by the transporter, made available for inspection by the
DPSOGED Director during normal business hours, and copies thereof shall be
furnished to the DPSOGED Director upon request.
C. Produced water.
1. Treatment of produced water. Produced water shall be treated prior to placement in a
production Pit to prevent crude oil and condensate from entering the Pit.
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2. Produced water disposal. Produced water may be disposed as follows:
a. Injection into a permitted Class II Well;
b. Evaporation/percolation in a properly permitted Pit;
c. Disposal at permitted commercial facilities;
d. Disposal by road -spreading on lease roads outside Sensitive Areas for produced
waters with less than 3,500 mg/I TDS when authorized by the Surface Owner and in
accordance with an approved waste management plan. Road -spreading of produced
waters shall not impact Waters of the U.S., shall not result in pooling or runoff, and the
adjacent soils shall meet the concentration levels in Appendix 21-A. Flowback fluids
shall not be used for dust suppression;
a Discharging into Waters of the U.S., in accordance with the Water Quality Control Act
and the rules promulgated thereunder and Chapter 8, Article X of this Code.
Operators shall provide the Colorado discharge permit number, latitude and longitude
coordinates of the discharge outfall, and sources of produced water, and shall include
a U.S.G.S. topographic map showing the location of the discharge outfall.
Produced water discharged may be put to beneficial use in accordance with applicable
state statutes and regulations governing the use and administration of water; or
f. Evaporation in a properly lined Pit at a centralized permitted E&P Waste management
facility.
3. Produced water reuse and recycling. Produced water may be reused for enhanced
recovery, drilling, and other approved uses in a manner consistent with existing water
rights and in consideration of water quality standards and classifications established by
the WQCC for Waters of the U.S., Chapter 8, Article X of this Code, or any Point of
Compliance established by the 0PSOGED Director.
4. Mitigation. Water produced during operation of an oil or Gas Well may be used to provide
an alternative domestic water supply to Surface Owners within the oil or gas Field, in
accordance with all applicable laws, including, but not limited to, obtaining the necessary
approvals from the WQCD for constructing a new "waterworks," as defined by C.R.S
Section25-1-107(1)(X)(II)(A). Any produced water not so used shall be disposed of in
accordance with subsection (2) or (3). Providing produced water for domestic use within
the meaning of this subsection (4) shall not constitute an admission by the Operator that
the Well is dewatering or impacting any existing water Well. The water produced shall be
to the benefit of the Surface Owner within the oil and gas Field and may not be sold for
profit or traded.
D. Drilling fluids.
1. Recycling and reuse. Drilling Pit contents may be recycled to another drilling Pit for reuse.
2. Treatment and disposal. Drilling fluids may be treated or disposed as follows:
a. Injection into a permitted Class ll Well;
b. Disposal at a commercial Solid Waste Disposal facility; or
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c. Land Treatment or Land Application at a centralized permitted E&P Waste
management facility.
3. Additional authorized disposal of water -based bentonitic drilling fluids. Waterbased
bentonitic drilling fluids may be disposed as follows:
a. Drying and burial in Pits on Non -Crop Land. The resulting concentrations shall not
exceed the concentration levels in Appendix 21-A; or
b. Land Application as follows:
i. Applicability. Acceptable methods of Land Application include, but are not limited
to, Production Facility construction and maintenance, and lease road
maintenance.
ii. Land Application requirements. The average thickness of waterbased bentonitic
drilling fluid waste applied shall be no more than three (3) inches prior to
incorporation. The waste shall be applied to prevent ponding or erosion and shall
be incorporated as a beneficial amendment into the native soils within ten (10)
days of application. The resulting concentrations shall not exceed those in
Appendix 21-A.
Iii. Surface Owner approval. Operators shall obtain written authorization from the
Surface Owner prior to Land Application of water -based bentonitic drilling fluids.
iv. Operator obligations. Operators shall maintain a record of the source, the volume,
and the location where the Land Application of the water -based bentonitic drilling
fluid occurred. Upon the DPSOGED Director's written request, this information
shall be provided within five (5) business days, in a format readily reviewable by
the DPSOGED Director. Operators with control and authority over the Wells from
which the water -based bentonitic drilling fluid wastes are obtained retain
responsibility for the Land Application operation and shall diligently cooperate with
the D-P-S-OGED Director in responding to complaints regarding Land Application of
water -based bentonitic drilling fluids.
v. Approval. Prior approval by the DPSOGED Director is not required for reuse of
waterbased bentonitic drilling fluids for Land Application as a soil amendment.
E. Oily waste. Oily waste includes those materials containing crude oil, condensate or other
E&P Waste, such as soil, frac sand, drilling fluids, and Pit sludge that contain hydrocarbons.
Oily waste may be treated or disposed as follows:
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Land Treatment onsite; or
3. Land Treatment at a permitted Centralized E&P Waste Management Facility.
4. Land Treatment requirements:
a. Remediation In the case of a reportable Spill, Operators shall submit a Site
Investigation and Workplan for prior approval by the DPSOGED Director. Treatment
shall thereafter be completed in accordance with the approved Workplan.
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b. Free oil shall be removed from the oily waste prior to Land Treatment.
c. Oily waste shall be spread evenly to prevent pooling, ponding, or runoff.
d. Contamination of Stormwater Runoff, ground water, or surface water shall be
prevented.
e. Biodegradation shall be enhanced by disking, tilling, aerating, or addition of nutrients,
microbes, water or other amendments, as appropriate.
f. Land -treated oily waste incorporated in place or beneficially reused shall not exceed
the concentrations in Appendix 21-A.
When Land Treatment occurs in an area not being utilized for Oil and Gas Operations,
Operators shall obtain prior written Surface Owner approval. When Land Treatment
occurs on an approved Oil and Gas Location prior to Completion of interim
Reclamation or on the surface disturbance remaining after interim Reclamation, notice
shall be provided to the Surface Owner.
h. Land Treatment shall be conducted in a manner that does not preclude compliance
with Reclamation requirements of this Article V.
F. Other E&P Waste. Other E&P Waste such as workover fluids, Tank bottoms, pigging wastes
from Pipelines, and gas gathering, processing, and storage wastes may be treated or
disposed of as follows:
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Treatment at a permitted Centralized E&P Waste Management Facility;
3. Injection into a permitted Class II injection Well; or
4. An alternative method proposed in a waste management plan approved by the -PS QED
Director.
9.
ec0 21-5-455. I anage. - ..fent of n, ,n -E ast o
A. Certain wastes generated by oil and gas -related activities are non-E&P Wastes and are not
exempt from regulation as solid or hazardous wastes. These wastes need to be properly
identified and disposed of in accordance with state and federal regulations.
B. Certain wastes generated by oil and gas -related activities can either be E&P Wastes or non-
E&P Wastes depending on the circumstances of their generation. The hazardous waste
regulations require that a hazardous waste determination be made for any non-E&P Solid
Waste. Hazardous wastes require storage, treatment, and disposal practices in accordance
with 6 C.C.R. 1007-3. All non-hazardous/non-E&P Wastes are considered Solid Waste
which require storage, treatment, and disposal in accordance with 6 C.C.R. 1007-2.
Sec. 21-5-46O6 Pits - geraO nd sl!eci l rules.
Pits used for exploration and production of oil and gas shall comply with COGCC Rules 320,
902, 903, 904, 905, and 911.
et ;o 21-5-4 . S Ws anaces
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Operators shall comply with the rules regarding Spills and Releases set forth in COGCC Rule
906
Sec. 21-5-470. Concentrations and sampling for soil and ground water.
Operators shall comply with the rules regarding concentrations and sampling for soil and
ground water set forth in COGCC Rule 31 8A c. and/or Rule 910, if applicable.
Sec. 21-5-475. Venting or flaring natural gas.
Operators shall comply with the rules regarding venting or flaring natural gas set forth in
COGCC Rule 912.
Sec. 21-5-480. Dealings with Surface Owners.
A. Notice. Unless the following is otherwise addressed in the SUA or Memorandum of SUA, the
following notices to the Surface Owner shall occur:
1. Surface Owner Notice. Not less than thirty (30) days in advance of commencement of
operations with heavy equipment for the drilling of a Well, Operators shall provide the to
the Surface Owner a Notice stating:
a. The Operator's name and contact information for the Operator or its agent;
b. A site diagram or plat of the proposed Well location and any associated roads and
production facilities;
c. The date operations with heavy equipment are expected to commence; and
d. The name and contact information for the Weld County LGD.
The Surface Owner Notice shall be delivered by hand; certified mail, return -receipt
requested; or by other delivery service with receipt confirmation. Electronic mail may
be used if the Surface Owner has approved such use in writing.
2. Notice of subsequent Well operations. An Operator shall provide to the Surface Owner or
agent at least seven (7) days advance notice of subsequent Well operations with heavy
equipment that will materially impact surface areas beyond the existing access road or
Well Site, such as recompleting or stimulating the Well.
3. Notice during irrigation season. If a Well is to be drilled on irrigated Crop Lands between
March 1 and October 31, the Operator shall contact the Surface Owner or agent at least
fourteen (14) days prior to commencement of operations with heavy equipment to
coordinate drilling operations to avoid unreasonable interference with irrigation plans and
activities.
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4. Final Reclamation notice. Not less than thirty (30) days before any final Reclamation
operations are to take place, the Operator shall notify the Surface Owner. Final
Reclamation operations shall mean those Reclamation operations to be undertaken when
a Well is to be plugged and abandoned or when production facilities are to be permanently
removed. Such notice is required only where final Reclamation operations commence
more than thirty (30) days after the Completion of a Well. In preparing for final Reclamation
and Plugging and Abandonment, the Operator shall use its best efforts to consult in good
faith with the affected Surface Owner (or the tenant when the Surface Owner has
requested that such consultation be made with the tenant). Such good faith consultation
shall allow the Surface Owner (or appointed agent) the opportunity to provide comments
concerning preference for timing of such operations and all aspects of final Reclamation,
including, but not limited to, the desired final Land Use and seed mix to be applied.
5. Tenants. With respect to the notices listed in this Section, it shall be the responsibility of
the notified Surface Owner to give notice of the proposed operation to the tenant farmer,
lessee, or other party that may own or have n interest in any crops or surface
improvements that could be affected by such proposed operation.
6. Waiver. Any of the notices required .Y-.' -- n -any His Section 21-5-430 may be waived in
writing by the Surface Owner, its agent, or, provided that a waiver by a Surface Owner or
its agent shall not prevent the Surface Owner or any successor -in -interest to the Surface
Owner from rescinding that waiver if such rescission is in accordance with applicable law.
B. Location signage. The Operator shall, concurrent with the Surface Owner Notice, post a sign
not less than two -feet by two -feet at the intersection of the lease road and the public road
providing access to the Well Site, with the name of the proposed Well, the legal location
thereof, and the estimated date of commencement. Such sign shall be maintained until
Completion operations at the Well are concluded.
Sec. 21-5 5. S ack m
A. Wells.
1. Unless the Oil and Gas Location fits into one of the other categories listed below, at the
time of initial drilling, a Well shall be located not less than two hundred (200) feet from
buildings, the current or future exterior ROW line of County roads, major above ground
utility lines, or railroads.
2. A Well shall be located not less than one hundred fifty (150) feet from a surface property
line. The 1041 WOGLA Hearing Officer may grant an exception if it is not feasible for the
Operator to meet this minimum distance requirement and a waiver is obtained from the
offset Surface Owner(s).
B. Suffer -Zone -Building Unit Setback: No Well or Production Facility within one---tho-usan five -
hundred (-14)99500) feet or less from a Building Unit.
No -We it or ico du-cf i o n- i it Within five -hand- f5O0) feet -o r less
fr m .; i ?in
D -C. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1,000)
feet or less from a High ccupancy Building Unit.
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[' Designated Outside ctivity Area ("DO"): N
thousand (1,000) feet or less from the boundary of a DO
Sch
of Facility and Child Care Center
ell
Production Facility within
etback: No Weil or Pr
thousand (1,900) feet or less from a School
School Governing Body agrees in writing to
Facility.
duction
Facility within o
ne-
e-
Facility or Child Care Center, unless the relevan
the location of the prpssed
ell or Production
aF. Existing Oil :Ind Gas eocatiois. Where the OH and Gas Location is located within a
Designated Setback
ocation solely as a result of wilding Units being constructed after the
Oil and Gas eocation was constructed, the Director may grant an exception to setbacks her
a Well or Production Facility is proposed to be added to an existing or approved OH and Gas
Location if the OGED Director determines alternative I•cations outside the applicable setback
are technically or economically impracticable and sufficient mitigtion measures are in place
to protect public health, safety, and welfare.
=- The areas within these setbacks are known as the "Designated Setback Location." Oil and
Gas Locations within th Designated Se:back Location may occur if the 1041 WOGLA
Hearing Officer is satisfied thawt the Operator will employ specific mitigation measures
sufficient to eliminate, minimize or mitigate potential acverse impacts to public health, safety,
welfare, the environment, and wildlife to the maximum extent technically feasible and
economically practicable . Such mitigation measures shill be a condition o' approval of the
1041 WOGl A Permit.
•kH.For a School Facility r Child Care Center, the 1041 WOGLA Hearing Officer may allow a
Well or Production Facility within one -thousand three -hundred twenty (1,320) feet or ess if he
or she determines that potential locations outside the applicable setback arc technically
infeasible or economically impracticable and sufficient mitigation measures are in place to
protect public health, safety, and welfare. For an ' xne-pt4on r- eBuilding Unit Setback in an
Urban Mitigation Area, the Operator must submit a waiver from each Building Unit owner
within five hundred (500) feet of the proposed Oil and Gas Location and the 1041 WOGLA
Hearing Officer must determine that potential locations outside the applicable setback ar
technical y infeasible or economically impracticable and sufficient mitigation measures are in
place to protect public health, safety, :and welfare.
4-1. The measurerrert for determining any Designated Setback Location shall be the shortest
distance between any existing or proposed Well or Production Facility on the Oil and Gas
oc tion and the nearest edge or corner of any Building Unit, nearest edge or corner of any
High Occupancy Building Unit, School Facility, or nearest boundary of any DOAA.
,1
Surface development pursuant to a SUA or sit -specific developm
nt plan. A Surface
Owner or Building Urit owner and mineral Owner or mineral lessee may agree to locate futur
uilding L nits closer ti existing or proposed Oil and Gas Locations than otherwise allowed
pursuant to a valid SUA or site specific development plan (as defined iri S ction 24-68-
/ 02(4\,(a), C.R.S., that establishes vested prperty rights as defined in Section 24-68-133,
C R.S.) that expressly governs the location of ells or production facilities on the sLrface
state .
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Sec. 21-5-490. Mitigation measures in Designated Setback Locations.
The following requirements apply to Oil and Gas Locations within Designated Setback
Locations:
A. Encroaching development. An Operator is not responsible for mitigation measures in areas
where encroaching development has entered a designated setback for the permitted Oil and
Gas Location following the issuance of a 1041 WOGLA Permit.
B. Designated Setback Locations. In addition to the mitigation measures agreed to between the
Operator and the persons or entities noticed pursuant to Section 21-5-320 B. of this Article V,
the following mitigation measures shall apply in Designated Setback Locations:
1 Noise. Operations involving Pipeline or Gas Facility installation or maintenance, or the use
of a drilling rig, are subject to the maximum permissible noise levels for the Light Industrial
Zone, as measured at the nearest Building Unit. Short-term increases shall be allowable
as described in Section 21-5-435 of this Article V.
2 Operators shall comply with the requirements set forth in COGCC Rule 604 c. (2) B.
(closed loop drilling systems — Pit restrictions), Rule 604 c. (2) C. (green Completions —
emission control systems), Rule 604 c. (2) E. (multi -Well pads), Rule 604 c. (2) F. (leak
detection plan), Rule 604 c. (2) G. (berm construction), Rule 604 c. (2) H. (BOPE), Rule
604 c. (2) I. (BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for Well
servicing operations), Rule 604 c. (2) K. (Pit level indicators), Rule 604 c. (2) L. (drill stem
tests), Rule 604 c. (2) M. (fencing requirements), Rule 604 c. (2) N. (control of fire
hazards), Rule 604 c. (2) O. (loadlines), Rule 604 c. (2) P. (removal of surface trash), Rule
604 c. (2) Q. (guy line anchors), Rule 604 c. (2) R. (Tank specifications), Rule 604 c. (2)
S. (access roads), Rule 604 c. (2) T. (Well Site cleared), Rule 604 c. (2) U. (identification
of plugged and abandoned Wells), Rule 604 c. (2) V. (development of existing Well pads).
C. xcept fZeneBuilding Unit Setback. In addition to all items listed in Section 21-5-490 It.7
above, the following berm construction shall be required within the xce DticLn Zone -Building
Unit Setback:
1. Containment berms shall be constructed of steel rings, designed and installed to prevent
leakage and resist degradation from erosion or routine operation.
2. Secondary containment areas for Tanks shall be constructed with a synthetic or
engineered liner that contains all primary containment vessels and Flowlines and is
mechanically connected to the steel ring to prevent leakage.
3. For locations within five hundred (500) feet and upgradient of a surface water body, tertiary
containment, such as an earthen berm, is required around Production Facilities.
4. In an Urban Mitigation Area Exception n Zone Setback, no more than two (2) crude oil or
condensate storage Tanks shall be located within a single berm.
D. Large UMA Facilities. In addition to all items listed in Section 21-5-490 C., above, the following
mitigation measures will be required for all Large UMA Facilities egav4 s33--aPp°; -ther the
Large U :A Facility is in the B uffer—erne-er-the-€xc e -o --Zo n -e:
1. Required BMPs.
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a. Fire, explosion, Chemical, and toxic emission hazards, including lightning strike
hazards. Fluid leak detection, repair, reporting, and record keeping for all above and
below ground on -site fluid handling, storage, and transportation equipment.
b. Automated Well shut in control measures to prevent gas venting during emission
control system failures or other upset conditions.
c. Zero flaring or venting of gas upon Completion of flowback, excepting upset or
emergency conditions, or with prior written approval from the Director for necessary
maintenance operations.
d. Storage Tank pressure and fluid management.
e. Proppant dust control.
2. Site specific mitigation measures to address the specific cncerns of persons who
received a 1041 WOGLA notice, as determined by the 1041 WOGLA Hearing Officer.
Seca 215-495. Safety req ., ire . rents.
Operators shall comply with the safety rules set forth in COGCC Rules 603 b., 603 c., 603 d.,
and 603 e.
Sec. 21-5-500. Fl d?t lain requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this Code if the propsal
is located within any Overlay District Area or a Special Flood Hazard Area identified by maps
officially adopted by the County.
Sec. 21-5-505. Aorm ater management
As part of the application for a 1041 WOGLA Permit, an Operator must apply for, be granted
and comply with applicable required Stormwater management and discharge permits required
pursuant to Chapter 8 of this Code.
Sec. 21 =5-510. E;uo- + gent, weeds, waste, an i trash management requirements.
All locations, including Wells and surface production facilities, shall be kept free of the
following: equipment, vehicles, and supplies not necessary for use on that lease; weeds; rubbish,
and other waste material. The burning or burial of such material on the premises shall be
performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations
and must be approved by the WCDPHE before burning begins. In addition, material may be
burned or buried on the premises only with the prior written consent of the Surface Owner.
Seca 21-5=515® Equipment anchoring requirements.
All equipment at drilling and production sites in geological hazard areas and Floodplains shall
be anchored. Anchors must be engineered to support the equipment and to resist flotation,
collapse, lateral movement, or subsidence, and must comply with all requirements of any
necessary geologic hazard recommendations and/or Flood Hazard Development Permit.
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Sec. 21-5-520. Buffer Zone move -in, rig -up ("MIRU") notice.
At least 30 days, but no more than 90 days, before the move -in, rig -up ("MIRU") of a drilling
rig, the Operator shall provide MIRU Notice to all Building Unit owners within the Buffer Zone if:
(i) it has been more than one year since the previous notice or since drilling activity last occurred,
or (ii) notice was not previously required.
A. Weld County Assessor records may be used to identify the persons entitled to MIRU Notice.
MIRU Notice shall be delivered by hand; certified mail, with return -receipt requested;
electronic mail, with return receipt requested; or by other delivery service with receipt
confirmation.
B. The MIRU Notice must include:
1. A statement informing the Building Unit owner that the Operator intends to MIRU a drilling
rig to drill Wells within one -thousand (1,000) feet of their Building Unit;
2. The Operator's contact information;
3. The location of the proposed Wells (Quarter -Quarter, Section, Township, Range, County);
4. The approximate street address of the proposed Well locations (Street Number, Name,
City),
5. The name and number of the proposed Wells, including the WOGLA permit number;
6. The anticipated date (Day, Month, Year) the drilling rig will MIRU; and
7. The Weld County LCD's address and telephone number.
C. A Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any
time.
Sec. 21-5-525. Protection of Wildlife Resources.
A. The 1041 WOGLA Hearing Officer shall determine whether conditions of approval are
necessary to Minimize Adverse Impacts from the proposed Oil and Gas Operations in the
identified Sensitive Wildlife Habitat or Restricted Surface Occupancy Area. For purposes of
this rule, the term "Minimize Adverse Impacts" shall mean, wherever reasonably practicable,
to
1. Avoid adverse impacts from Oil and Gas Operations on Wildlife Resources;
2. Minimize the extent and severity of those impacts that cannot be avoided;
3. Mitigate the effects of unavoidable remaining impacts; and
4. Take into consideration cost-effectiveness and technical feasibility regarding actions taken
and decisions made to Minimize Adverse Impacts to Wildlife Resources.
B. In selecting conditions of approval from such BMPs or other sources, the 1041 WOGLA
Hearing Officer shall consider the following factors, among other considerations:
1. The BMPs for the producing geologic basin in which the Oil and Gas Location is situated;
2. Site -specific and species -specific factors of the proposed new Oil and Gas Location;
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3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on Wildlife
Resources;
4. The extent to which conditions of approval will promote the use of existing facilities and
reduction of new surface disturbance;
5. The extent to which legally accessible, technologically feasible, and economically
practicable alternative sites exist for the proposed new Oil and Gas Location;
6. The extent to which the proposed Oil and Gas Operations will use technology and
practices which are protective of the environment and Wildlife Resources;
7. The extent to which the proposed Oil and Gas Location minimizes surface disturbance
and habitat fragmentation;
8. The extent to which the proposed Oil and Gas Location is within Land Used for residential,
industrial, commercial, agricultural, or other purposes, and the existing disturbance
associated with such use.
Sec. 21-5-530. Other general operating requirements regarding wildlife protection.
Subject to exception by the OPSO ED. Director for site specific reasons and BMPs, the
operating requirements identified below shall apply in all areas.
A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation
networks and new oil and gas facilities to minimize surface disturbance and the number and
length of oil and gas roads and utilize common roads, rights of way, and access points to the
extent practicable, consistent with these rules, an Operator's operational requirements, and
any requirements imposed by federal and state land management agencies, Weld County's
regulations, and SUAs and other Surface Owner requirements, and taking into account cost
effectiveness and technical feasibility.
B. Establish new staging, refueling, and Chemical storage areas outside of riparian zones and
Floodplains.
C. Use minimum practical construction widths for new rights -of -way where Pipelines cross
riparian areas, streams, and critical habitats.
Sec. 21-5-535. Requirements in Restricted Surface Occupancy Areas.
A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum extent technically
and economically feasible when planning and conducting new oil and gas development
operations, except:
1. When authorized by or specifically exempted by Colorado Parks and Wildlife following
consultation;
2. When authorized by a Comprehensive Drilling Plan;
3. Upon demonstration that the identified habitat is not in fact present; or
4. In the event of situations posing a risk to public health, safety, welfare, or the environment.
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S. New ground disturbing activities are to be avoided in Restricted Surface Occupancy Areas,
including construction, drilling and completion, non -emergency workovers, and Pipeline
installation activity, to Minimize Adverse Impacts to Wildlife Resources. Production, routine
maintenance, repairs and replacements, emergency operations, Reclamation activities, or
habitat improvements are not prohibited in Restricted Surface Occupancy Areas.
Notwithstanding the foregoing, non -emergency workovers, including uphole recompleti0ns,
may be performed with prior approval of the DFS•OG E D Director on a schedule that minimizes
adverse impacts to the species for which the Restricted Surface Occupancy Area exists.
S
21-5-541 General o er _ting requirements in Sensitive Wildlife Habitat and Restricted
Surface Occupancy Area
A. Subject to exception by the 1041 WOGLA Hearing Officer for site specific reasons and BMPs,
within Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas, Operators shall
comply with the following operating requirements:
1. During Pipeline construction for trenches that are left open for more than five (5) days and
are greater than five (5) feet in width, install wildlife crossovers and escape ramps where
the trench crosses well-defined game trails and at a minimum of one quarter (1/4) mile
intervals where the trench parallels well-defined game trails.
2. Inform and educate employees and contractors on wildlife conservation practices,
including no harassment or feeding of wildlife.
3. Consolidate new facilities to minimize impact to wildlife.
4. Minimize rig mobilization and demobilization where practicable by completing or
recompleting all Wells from a given Well pad before moving rigs to a new location.
5. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way
and roads to minimize surface disturbance.
6. Engineer new Pipelines to reduce Field fitting and reduce excessive right-of-way widths
and Reclamation.
7. Use boring instead of trenching across perennial streams considered critical fish habitat.
8. Treat waste water Pits and any associated Pit containing water that provides a medium
for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
9. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory
agencies.
10. Mow or brushhog vegetation where appropriate, leaving root structure intact, instead of
scraping the surface, where allowed by the Surface Owner.
11. Limit access to oil and gas access roads where approved by urface Owners, surface
managing agencies, or Local Government, as appropriate.
12. Post interior speed limits and caution signs to the extent allowed by Surface Owners, as
appropriate.
PAGE 49
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ORD2019-10
13. Use wildlife -appropriate fencing where acceptable to the Surface Owner.
14. Use topographic features and vegetative screening to create seclusion areas, where
acceptable to the Surface Owner.
15. Use remote monitoring of Well production to the extent practicable.
16. Reduce traffic associated with transporting drilling water and produced liquids through the
use of Pipelines, large Tanks, or other measures where technically feasible and
economically practicable.
Sec. 21-5-545. General Reclamatin requirements.
A. Surface restoration. The surface of the land shall be restored as nearly as practicable to its
condition at the commencement of drilling operations, including topsoil restoration and
protection.
B. -D-PSOGED Director determination. When the y: GED Director has reasonable cause to
believe that a proposed oil and gas operation could result in a significant adverse
environmental impact on any air, water, soil, or biological resource, the Director shall conduct
an onsite inspection and may request a hearing before the Board of County Commissioners
to rescind the 1041 WOGLA Permit pursuant to the procedures set forth in Section 21-5-370,
above, and execute on Financial Assurance to protect the public health, safety and welfare,
including prevention of significant adverse environmental impacts.
C. Surface Owner waiver. The Surface Owner has the right to waive Reclamation requirements
set forth in Sections 21-5-545, 21-5-555, and 21-5-560 of this Article V, unless such
Reclamation is deemed necessary to protect public health, safety and welfare, environment
and wildlife of Weld County, as determined by the QPSOGED Director.
Sec. 21-5-55 Site prey f.aratl n r nt bilizati®n.
A. Fencing requirements.
1 Fencing of drill sites and access roads on Crop Lands. During drilling operations on Crop
Lands, when requested by the Surface Owner, the Operator shall delineate each drillsite
and access road on Crop Lands constructed after such date by berms, single strand fence,
or other equivalent method to discourage unnecessary surface disturbances.
2. Fencing of reserve Pit when livestock is present. During drilling operations where
livestock is in the immediate area and is not fenced out by existing fences, the Operator,
at the request of the Surface Owner, will install a fence around the reserve Pit.
3. Fencing of Well Sites. After Completion of drilling operations, where livestock is in the
immediate area and is not fenced out by existing fences, the Operator, at the request of
the Surface Owner, will install a fence around the wellhead, Pit, and production equipment
to prevent livestock entry.
B. Soil removal and segregation.
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1 Soil removal and segregation on cropland. As to all excavation operations undert iker on
Crop Land, the Operator shall separate and store soil horizons separately from one
another and mark or document stockpile locations to facilitate subsequent Reclamation.
When separating soil horizons, the operator shall segregate horizons based upon noted
changes in physical chaasacteristics such as organic content, color, texture, density, or
consistency. Segregation •/Jill be performed to the extent practicable to a depth of six (6)
feet or bedrock, whichever is shallower.
2. Soil removal and segregation on non -cropland. jT.s to all excavation operatiois
undertaken on Non -Crop Land, the •perator shall separate and store the topsoi iorizon
or the top six (6) inches, whichever is deeper, and mark or document stockpile locations
to facilitate subsequent Reclamation. When separting the soil horizons, the operator
shall segregate the horizon based upon noted changes in physical characteristics such as
organic content, color, texture, density, or consistency.
3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the
perator to practicably segregate, then the topsoil shall be segregated to the extent
practicaole and stored. Too rocky shall mean that the soil horizon consists of greater
than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in
diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness.
The operator shall segregate remaining soils on Crop Land to the extent practicable to a
depth if three (3) feet below the ground surface or bedrock, whichever is shallower, based
upon noted changes in physical ch racteristics such as color, texture, density or
consistency and such soils shall be stockpiled to avoid loss and mixing with other soils.
C. Protection of soils. All stockpiled soils shall be protected from degradation due to
contamination, compaction and, to the extent practicable, from wind and water erosion during
drilling and production oper ations. BMPs to prevent weed establishment and to maintain soil
microbial activity shall be implemented.
D. Drill pad location. The drilling location shall be designed and constructed to provide a safe
working area while reasonably minimizing the total surface area disturbed. Consistent with
applicable spacing .rders end Well location orders and regulations, in looting drill pads,
steep slopes shall be avoided when reasonably possible. The drill pad site shall be located
on the most level location obtainable that will accommodate the intended use. If not avoidibl ,
deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope
practical. Where feasiole, operators shall use directional drilling to reduce cumulative impacts
and minimize adverse impacts on Wildlife Resources.
E. Surface disturbance minimization.
1 In order to reasonably minimize land disturbances and facilitate future Reclamation, Well
Sites, production facilities, gathering Pipelines, and access roads shall be located,
adequately sized, constructed, and maintained so as to reasonably control dust and
Minimize Erosion, alteration of natural features, removal of surface materials, and
degradation due to contamination.
Operators shall avoid or minimize impacts to wetlands and riparian habitats to the degree
prcticable.
PAGE 51
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2019-10
3. Where practicable, Operators shall consolidate facilities and Pipeline rights -of -way to
Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife
habitat, as Well as cumulative impacts.
4. Access roads. Existing roads shall be used to the greatest extent practicable to avoid
erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall
be engineered to avoid or minimize impacts to riparian areas or wetlands to the extent
practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be
designed and constructed to allow fish passage, where practicable and appropriate.
Where feasible and practicable, Operators are encouraged to share access roads in
developing a Field. Where feasible and practicable, roads shall be routed to complement
other land usage. To the greatest extent practicable, all vehicles used by the Operator,
contractors, and other parties associated with the Well shall not travel outside of the
original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease
access to lease roads which result in unreasonable land damage or crop losses shall
subject the 1041 WOGLA Permit to rescission by the Board of County Commissioners
pursuant to Section 21-5-370.
Sec. 21-5-555. Interim Reclamation.
A. General. Debris and waste materials other than de minimis amounts, including, but not limited
to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and cable, as
Well as equipment associated with the drilling, re-entry, or Completion operations shall be
removed. All E&P Waste shall be handled according to Section 21-5-450 of this Article V. All
Pits, cellars, rat holes, and other bore holes unnecessary for further lease operations,
excluding the drilling Pit, will be backfilled as soon as possible after the drilling rig is released
to conform with surrounding terrain. On Crop Land, if requested by the Surface Owner, guy
line anchors shall be removed as soon as reasonably possible after the Completion rig is
released. When permanent guy line anchors are installed, it shall not be mandatory to
remove them. When permanent guy line anchors are installed on cropland, care shall be
taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by
the Surface Owner or its representative, the anchors shall be specifically marked, in addition
to the marking required below, to facilitate farming operations. All guy line anchors left buried
for future use shall be identified by a marker of bright color not less than four (4) feet in height
and not greater than one (1) foot east of the guy line anchor.
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interim Reclamation of ;areas no longer in use. All disturbed areas affected by drilling or
suosequent operations, except areas reasnably needed for production operations or for
subsequent drilling opera lions to be commenced within twelve (12) months, shall be reclaimed
as erly and as nearly as practicable is their original condition or their final Lard Use as
designated by the Surface Owner and shall be maintained to control dust and Minimize
rosion to the extent pcticable. As to Crop Lands, if subsidence occurs in such aromas
additional topsoil shall be added to the depression ?,rd the land shall be re -leveled as close
to its original cnt•ur as practicable. interim Reclamation shall occur no later than three (3)
months on Crop Land •-r six (6) m12nths or Non -Crop Lard after such operations unless the
D-PSO _ _ ED. Direcor extends the time period because of corditio is outside the contra of the
perator. Areas reasonably needed f production operations or 'or subsequent dri ling
operations to be commenced within twelve (12) months shat be compacted, cove-ed, paved,
or otherwise stabilized and maintained in such a way as to minimize dust and ersion to the
extent practicable.
C. Compaction alleviation. II areas compcted by dri rng and subsequent OH and Gas
Operations which are no longer needed following Completion of such operations shall be
cross -ripped. On Crop and, such compaction alleviation operations shell be undertaken
when tie soil moisture at the time of ripping is below thirty-five oercent (35%) of Field capacity.
Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed
rick is encountered at a shallower depth.
D. Drilling Pit closure. As part of interim Reclama
mann
r
ion
, Drilling Pits shall be dos
ra
d in the
f
0
Drilling Pit closure in Crop Land ard within 100 -year Fl.odplain. 7n Crop Land or within
tie 1 00-ye� r Floocpl in, water -based bentonitic drilling fluids, except de minimis amounts,
snail be removed from the d Pilling Pit and disposed of in accordance with Section 21-5-
450 of this Article V. Operators shall ensure that soils meet the concentration levels of
Appendix 21-A. Drilling Pit Recl mation, including the disposal o' drilling fluids and
cuttings, shall be performed in a manner to not result in the formation of an impermeable
barrier. Any cuttings removed from the Pit for drying shall be returned to tie Pit prior to
backfilling, and no more than de rninimis am p• unts may be inc • Pp• rated into the surface
materials. After the drilling Pit is sufficiently dry, the Pit shall be backfilled. The o ickfilling
f the drilling Pit shall Ibe done to return they soils to their original r&ative positions. C osi ng
and Reclamation of Drilling Pits shah occur no later than three (3) worths after drilling ana
Completion activities conclude.
•
2 rilling Pit closure on Non -Crop Land. All drilling fluids shall be disposed of in
accordance with & ,ction 21-5-45 f ;his Article V. Operators shall ensure unat soils meet
the concentration levels of Appendix 21-A. After the drilling Pit is sufficiently dry, the Pit
shall be backfilled. Materials removed from the Pit for drying shall be returned to the Pit
prior to the backfilling. No more than de minimis m.unts my be incorporated into the
surface materials. The backfilling of the drilling Pit will be done to return the soils to :heft
original relative positions so that the muds and associated solids will be confined to the
Pit and not squeezed out and incorporated it the surface materials. Closure and
Reclamation of Drilling Pits shall occur no later than six (6) mantis after drilling and
Completion activities ci;ncluce, weather permitting.
PAGE 53
201 g-*
0802019-1;
3. ' inimum cover. On Crop Lands, a minimum of thre (3) feet of backfill cover shall be
applied over any remaining drilling Pit contents. As to both Crop Lands and lion -Crop
Lands, during the Leo (2) year period following drilling Pit closure, if subsidence occurs
ver the cl•-sed drilling Pit location additional topsoil shall be added to the depression and
the land shall be re -leveled as close to its original contour as practicabl`_.
E. Restoration and revegetation. When a Well is completed for production, all disturbed areas
no longer needed will be restored and revegetated as soon as practicable.
1. Revegetation of Crop H ands. All segregated soil horizons removed frrn Crop Lands
shall be replaced ttheir original relative positions and contour and shy,ll be tilled
adequ ,t ly to re-establish a proper seedbed. The area shall be treated if necessary and
practicable to prevent invasion of undesirable species :end noxious weeds, and to control
erosion. Any perennial forage crops that were present befre disturbance shall be re-
established.
2 111evegetation of N n -Crop Lands. All segregated soil horizons removed fr m Non -Crop
Lands shall be replaced to their original relative positions and contour as near as
practicable to achieve erosion control and long-term stability and shall bt tilled adequately
to establish a proper seedbed. The disturbed area then shall be reseeocd in the first
favorable season following rig demobilization. Resceding with species c: nsistent with
the adjacent plant community is encouraged. In the absence of an agreement between
the Operator and the affected surface owner as to what seed mix should be used, the
perator shall consult with a representative •,f the local soil conservation district t
determine the proper seed mix to use in revegetating the disturbed area. In an art where
an Operator has drilled or plans to drill multiple Wells, in the absence of an agreement
between the 'Operator and the affected Surface Owner, the Operator may rely upon
orevious advice given by the local soil conservation district in determining the proper seed
mixes to be used in revegetating each type of terrain upon which operations are to be
conducted. Interim Reclamation of all disturbed areas no longer in use shall be considered
complete when all ground surface disturbing activities at the site have been completed,
and all disturbed areas have been either built on, compacted, covered, paved, *r
otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or
uniform vegetative cover has been established that reflects pre -disturbance or Reference
Area forbs, shrubs, :.and grasses with total percent plant cover of at least eighty percent
(80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. Re-
seeding alone is insufficient.
3. Interim Reclamation Completion. The Operator shall notify the gpsOGED Director with a
description of the interim Reclamation procedures and any associated mitigation
measures performed, any changes, if applicable in the landowner's designated final Land
Use, and at a minimum four (4) photographs taken during the growing season facing each
cardinal direction which document the success of the interim cclamatior and one (1)
photograph which documents the total cover of live perennial vegetation of adjacent or
nearby undisturbed land or the Reference Area. Each photograph shall be identified by
date taken, Well name, GPS location, and direction of view.
;!
PAGE 54
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RD2010- 10
4.
ernpo
ary Access Jerrnits. if a ternp•;rary access permit is ass
the temporary
this Code.
Sec. 21-5-610. Faha0
w
ccess will br, reclaimed in accordance with Chao
Re
C
arnati
4
fVe
;,
dated with a drillsite,
Article V-XIV
S tes and assodated producto • n fadffithnno
A. Well Sites and :associated producti•n facilities. Upon the Plugging anc Abandonment of a
Well, all Pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned
atherirg Line Risers ;Ind l•;wlire Risers, xnd surface equipment shall be removed within
three (3) months of plugging a Well. All access roads to plugged and abandon d Wells and
associated production facilities shall be dosed, graded and recontoured. Culverts and any
other obstructions that wore oart of :he access road(s) shall be removed. Well locations,
access roads and assothited facilities shall be reclaimed. As applic: able, cmpaction
alleviation, restoration, and revegetation of Well S tes, associated production facilities, and
access roans shill be performed to the same stanc Ards as established for interim
Reclamation under Section 21-5-555, above. All other equipment, supplies, weeds, rubbish,
and other waste material shall be removed. The burnin • •r burial of such materia on the
premises shall be performed in accordance with applicable local, state, or fder a Solid Waste
Disposal regulations. In additin, material may be burned or buried on the premises or, y with
the prior written consent of the Surface Owner. AM such Reclamation work shall be completS
within three (3) months on Crop l and and tSvc ('2) months on Non -Crop Land after
plugging a Well or fins I closure of associated production facilities. The Director r ay grant an
extension where unusual circumstances are encountered, but every reasonable &fort shall
be made to complete Reclamation before the next local growing season.
B. Production and special purpose Pit closure. The ope»atr shall comply with the Section 21-
5-450 if this Article V for the removal •r treatment of ELF Waste remaining in a production
or special purpose Pit befor:-i the Pit may be closed for final Reclamation. ; fter any remaining
E&P Waste is removed or treated, all such Pits must be back -filled to return the soils to their
original r- lative positions. As to both Crop Lands and Non -Crop Lands, if subsidence occurs
over closed Pit locations, additional topsoil shall be added to the depression and the land shill
be reeleveltc as close to its original contour as pec-olcticable.
C. Final Reclamation threshold for release of Financial Assurance. Successful Redamation of
the Well Site and ccess ro c will be considered completed when:
a
1. On Crop Land, Reclamation has be
determined there has been n
s-;asons.
n performed and the
ED Director has
significant unrestored subsidence over two growing
2 n Non -Crop and, Reclamation has been performed and disturbed areas have been
either built in, conpacteo, covered, paved, or otherwise stabilized in such a way as to
Minimize Erosion to the extent practicable, or a uniform vegetative cover has been
stblisheo t'at reflects pre -disturbance •r Reference Area fortis, shrubs, and grasses
with total percent plant cover of at least eighty percent (80%) of pr -disturbance :•,r
Reference Area levels, exclucing noxious weeds, s determined by the PPSOGED
Direc,•r. Me DPSOGED 'rector shall consider the total cover of live perennial
vegetative oz adjacent or nearby undisturbed and, not including oveerstory or tree canopy
cover, having similar soils, slope and aspect of the reclaimed area.
PAGE 55
0
r\
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3. Disturbances resulting from flow line installations shall be deemed adequately reclaimed
when the disturbed area is reasonably capable of supporting the pre -disturbance Land
Use
4. The Operator has notified the igPSOGri.n Director describing the final Reclamation
procedures, any changes, if applicable, in the landowner's designated final Land Use, and
any mitigation measures associated with final Reclamation performed by the Operator,
and a final Reclamation inspection has been completed by DPSOGED, there are no
outstanding compliance issues as determined by the � seOGED Director.
D Final Reclamation of all disturbed areas shall be considered complete when all activities
disturbing the ground have been completed, and all disturbed areas have been either built
upon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize
Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or
Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty
percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, or
equivalent permanent, physical erosion reduction methods have been employed. Re-
seeding alone is insufficient.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to c- inside with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
E IT FURTE" ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
PAGE 56
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ORD2019-10
The above and foregoing Ordinance Number 2019-10 was, on motion duly made and
seconded, adopted by the following vote on the 1st --rdd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Date of signature:
P ublication:
First Reading:
P ublication:
Second Reading:
Publication:
Final Reading:
P ublication:
Effective:
June 5, 2019
June 7, 2019
Steve Moreno
June 10, 2019
June 19, 2019, in the Greeley Tribune
July 1,2019
July 10, 2019, in the Greeley Tribune
July 22, 2019
July 31, 2019, in the Greeley Tribune
August 5, 2019
PAGE 57
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ORD2019-10
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2019-10
TOM PARK()
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD
COUNTY CODE
be recommended favorably to the Board of County Commissioners.
Motion seconded by Elijah Hatch.
VOTE:
For Passage
Bruce Sparrow
Michael Wailes
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
Bruce Johnson
Tom Cope
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify
that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on June 18, 2019.
Dated the 18th of June, 2019
iatesanted ..
Kristine Ranslem
Secretary
020/
/37
A
TER
21 = Areas a
d
tivities
f State Interest
RTICLE I — Administrative Regulations
°vision 1 — Introductory and General Provisions.
Sec® 21-1-10. - Title and citati
The regulations found in this Chapter 21 may be referred to generally as the Section 1041
Regulations, unless the specific regulations adopted for the designated area or activity of state
interest has a designated name for that Article of this Chapter 21. All citations hereto shall be
with reference to the Section numbers of the Weld County Code, as set forth herein.
Sec. 21-1-20. - Purpose and findings.
A. Purpose and intent. The purpose and intent of the Section 1041 Regulations is to
facilitate identification, designation and administration of matters of state interest
consistent with the statutory requirements and criteria set forth in C.R.S erc W- . n §24-
6t
65.1-101, et seq., C.R.S., a; dB e -1i -Pi -e -s -f : 4e -P - sa y h a n--a-nd-- e-°sa'5 e- Hof
and la./-
4r -44e -rest approv S b- - Go a ova d c-Lmg-ci-U o mi s& eq.
B. Findings. With respect to these
Commissioners finds as follows:
1. ---;4e glotf a a
been of 9oweec
1
rt _ in t
c
1041 Regulations, the Board of County
p.65,4?-; -h : r-ceii' Fe m 4 n - at on -24 .1-41-94 , C. R . S., 11-01
The section 1041 Regulations are necessary because of the intensity of current
and foreseeable development pressures on and within the County and to promote
the health, safety and welfare of the citizens and to protect the environment and
wildlife of Weld County;
2
53
its tv.c u& 1-941
, ia,ia s were a
giboridelineo---aslo-Scl cdn,Aesue-d-bi
• pted after talcininto considarathan
. The Secllan 1041 Regulations apply to the entire unincorporated territory of the
County; and-
. The cat�o 1041 Regulations interpret and apply to any regulations ad,ipted fir
specific areas of state interest and specific activities of state interest which have
been or may be designated by the Board of County Commissioners.
Sec. 21-130. -- Legal auth rity.
The Sect -P, 1041 Regulations are authorized by and through the Colorado Areas and
Activities of State Interest Act ("AASiS"), C.R.S. §§24-65.1-101, et seq.; the Colorado Local
Government Land Use Enabling Act, C.R.S. §§29-20-101, et seq., including, without limitation,
C.R.S. X29-20-104; the County Planning and Building Code statutes set forth in C.R.S. Title 30,
Article 28; and the powers and authorities conferred upon home rule counties set forth in C.R.S.
Title 30, Article 35, including authority to adopt the Weld County Home Rule Charter to ensure
self-determination and to promote the health, safety, security and general welfare of the people
2
of Weld County. of Weld County. 4 - fi , seU s 24-6-54-40-1, �-40-1, et .; 30 28 -gip, _ et se --q
340-48-2-01, c —s Iu 1 , -4-seq.; Y ��}a�' `I 32411, C,W~ : f'3 .c ₹ @ lf°} n402l d Reg -u U s"a, f s are
ETA '� F. [•� r , r/4pa P � = . �q .�'t ';} � Fr". �' P/"� f'- _ . � � `�' J
sss-a -for- e �. A a.�U�-o = �� p c 1 9 w- --a .
Sec. 21-1-40. — Applicability.
.,
The Sectien 1041 Regulations shall apply to all proceedings concerning identification and
designation of any developments in any area of state interest or any activity of state interest
which has been or may hereafter be designated by the Board of County Commissioners, and
the control of development in any such area or activity within the County, unless specifically
excepted pursuant to the provisions of the regulations in the applicable Article of this Chapter
21.
Sec. 21-1-50. - Exemptions.
The portions of the neistigan 1041 Regulations authorized exclusively under Section 24-65.1-
101, et seq., C.R.S., shall not apply to any development in an area of state interest or any
activity of state interest which meets any one (1) of the following conditions, as of May 17, 1974:
(a) the specific development or activity was covered by a current building permit issued by the
County; (b) the specific development or activity had been approved by the electorate of the
County; or (c) the specific development or activity is to be on land: (i) which has been
conditionally or finally approved by the County for planned unit development or for a use
substantially the same as planned unit development; (ii) which has been zoned by the County
for the use contemplated by such development or activity; or (iii) with respect to which a
development plan has been conditionally or finally approved by the County.
Sec. 21-1-60. - Relationship of ` -I 1041 Regulations to other county, state and
federal requirements.
A. More restrictive County standards or requirements control. Whenever the Se-n� 1041
Regulations are found to be inconsistent with any other applicable resolution, ordinance,
code, regulation or other enactment of the County, the enactment imposing the more
restrictive standards or requirements shall control.
B. Statutory criteria in C.R.S §24-65.1-202 and §24-65.1-204, control if the seethe-nseethan 1041
Regulations are less stringent. In the event the Section- 1041 Regulations are found to be
less stringent than the statutory criteria for administration of matters of state interest set forth
in C.R.S. §24-65.1-202 and §24-65.1-204, C.R.S., the statutory criteria shall control.
C. The Section 1041 Regulations control if statutory criteria less stringent
202 and §24-65.1-204. In the event the Sec` an- 1041 Regulations are found to be more
stringent than the statutory criteria for administration of matters of state interest set forth in
Sectic-Ni-s C.R.S §24-65.1-202 and §24-65.1-204, C.R.S., these Section 1041 Regulations
shall control pursuant to the authority of S -on C.R.S §24-65.1-402(3).-CP.S.
in C.R.S §24-65.1-
D. The o-Gt-n- 1041 Regulations set forth in Article V Chapter 21 control in cases of
overlapping requirements of this Code. Where the ,8 Gt-iGR 1041 Regulations set forth in
Article V of Chapter 21 overlap with other applicable regulations in this Code, then the 1041
Regulations set forth in Article V of Chapter 21 control. the Countyr-eqFi.eme-t4
pecia1 use rep ;, .moor for Rei4evv, r nib _ t -e- ° -op , i-e1 ,
� 1��,q 1,'�Jo-���1 � and -a � � r,�, r � Up � `5 r� �,� � � � r.� r r � 4"-,° under � � ��.u,� �.�
4,d' 2 e ! 1 Goc �-h i , and -a S c ar 6 e 4 'V i7 i Me w p 5 O e s s s- p -e- 4,.6 i ra 1- 4..a 1
u s r statutory p ��, , -, f In .� t � ' .{�`i�a 's 0 i � th 1. s s r�' . re a _ ' ate" 1, f o the
�� �' � e � � � C'Ti�-"4�' a o� �5 � �'. � 9'�'� �' �, u �� '3 �..� �a t E � ��`���� e e� '�.3� � F --� � +� 1a" �✓J �E �V
3
GCar-af - r trilen 1041
eter=a-p-
"' c b'4e County r e q i s
tl tv qk. i' r Sp e r U a r� ppro v fl
B SC 'w:v4' .k c Q4 P-te`h- 11I244aR53 a \t�J�;
rppl i-c-abl e r g on s s h al -11+— fo -o- a� k
-
-%re: 6,et�ts E�
E. The S°ecion 1041 Regulations are in addition to, and not in lieu of, other regulations of the
County. TheSec4+on 1041 Regulations are intended to be applied in addition to, and not in
lieu of, all other regulations of the County, including, without limitation, the zoning,
subdivision, planned unit development, regional urbanization area, intergovernmental
agreement, individual sewage disposal system and Comprehensive Plan portions of this
Code.
Permit r M- q.� fens.rqui mntsincluded
a �r - Q, a '�> ' e s 0 d— b L e a a' a v. e.a a.. E t r. Y s
p
s ��i - n --a d t h a nom, n cot
o -U-lt
e
,e andareca P" s , ru
-s
. Other governmental agencies. In the event that any political subdivision, agency,
instrumentality or corporation of the State of Colorado or the United States government, or
an entity regulated by such a designated governmental unit, seeks to conduct a designated
area or activity of state interest in the County, the intent of the Seect-i-nan 1041 Regulations is
that the Board of County Commissioners shall exercise its authority pursuant to the Seetien
1041 Regulations and state statutes to the maximum extent allowable consistent with
federal and state law and regulations.
Sec. 21-1-70. - Duties of Board of County Commissioners.
Unless otherwise specifically provided for, it shall be the duty of the Board of County
Commissioners to perform all of the functions set forth in this Article 1, and those specified in
Articles II, and III, and IV of this Chapter 21. The Board of County Commissioners shall also be
generally empowered to hear appeals from any person aggrieved by any decision of the
Planning Director made in the course of administering these Section 1041 Regulations. Any
such appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code.
Sec. 21-1-90. - Definitions.
The words and terms used in these Sestien 1041 Regulations for administration of areas
and activities of state interest shall have the meanings set forth below, unless the context
requires otherwise:
Designation: Only that legal procedure specified by e-Gt - n- C.R.S X24-65.1-401 et seq.,
C.R.
and specified in this Article I as carried out by the Board of County Commissioners.
Development: Any construction or activity which changes the basic character or the use of
the land upon which the construction or activity occurs, as determined in accordance with the
provisions of Chapter 23 of this Code.
Division 2 — Designation of Matter of State Interest.
Sec. 21-1-210. - Public hearing required.
action, au k a-4 g'$o r des:
s e
a
heard of Coun-tj omnmisSaneas s,�I be
a �
I -w b ei � Q a-k� F.cei o � �� I eques (Repealed.)
4
,____�,� �� a �( I gyp � � _ ��.,-G
Ii 1� a �CsP r 4.-J k, Y 8 41-I tl ��.,0 • a ci- s a4 8 Diw s
c. 21-1-220. - Notice of public hearing, mailing list, publication.
C. At least thirty (30) days but no more than sixty (60) days before the public hearing, the
Board of County Commissioners shall publish the notice one (1) time in the
newspaper of general circulation in the County designated by the Board as the
County legal newspaper and shall mail the notice by first class mail to each f the
following:
1. The-G-SortScLaRGI Use r -m -o snani-h --State and federal agencies, as
deemed appropriate in the discretion of the Board of County Commissioners.
Sec. 21-1-230. - Matters to be considered at designation hearing.
At the public hearings on designation, the Planning Commission, to the extent applicable,
and the Board of County Commissioners shall consider such evidence as they deem
appropriate, including, but not limited to, testimony and documents addressing the following
considerations:
B. The matters and considerations set forth in any applicable guidelines
. .
by4 ee-C o i o-?` cke zL- nd _s-- -eCrm-r son .
Sec. 21-1-260. - Adoption of designation and regulations.
E. Adoption of regulations adopted after designation of a matter of State interest shall be
enacted by Code amendment through adoption of a Code ordinance change.
e
Sec. 21-1-270.
72'W-3-r� r1 -i3 LI U�"�J CV l3on-e`��:�1 t! ti.�la-Ll '4�aaeLI aC4 d
ar - U i (Repealed)
3 H ''�i c a a eo p� ' R c , �9 " a d 'sue g n a `a�' i � �` or ed r a1i—re f �9 9 f� mom. e r� 0
�`�l�-�� 6'- '�d'����L�d'"hJ�`-"a�'I U �v�� ��1 4�� ₹-B k� �1"a'�� u U'�`i �`6 , 6.1. 9 � C�4c-Ff`�_�`1f�d—�'9 5 � c.,� 9 F �'� 5 s ,
A e � bF'1 �f' � �` .p��l to the � ��B 8 , `� 1 h� � 9 �.8 s°�, r� �.� � � � ��`}�' rT4i p G' � � � �, � �.
•p'itb-i d` � dg —r �S- -n-d t the dam.c� -nati : n a �v d �, a, � a a � � kby4 c earck
����� d C a 5 m 6� `� s ' rr' e -r a ' e° i -Li ,e 0—FAd do -FS _ i Q'�1j'1-r �; 'kAl 8 F t 1O— Se Gig
•�.r3 �p��'' S� �a3' a e "�•s s'-H�e_:3"�-"U'i'v��'"d-�iir �c� � cc�� F add ��+a�� <`--" �"v�o C �,9 7 �' E d, erg �"� g 0 'M1�s Y � �1 �"'t�/ , d r �cfl A`' A
�o -�' . �i . S-2 G7 V k h U n 9 - A y (30)—days—a$te r r e c j,s�' `4d � a O!1•th lo`rr -de--L -n � � �r hr E ?, ate' �� f Boa's —c u may— miss-�'a-ne rs that
the —Go �.v � $-t '�ti �s �s �`"'+.� a a c -s e-�d f7�--�� � a a``f:1-'a � 1 0 �'"�,rl" e ?"�i u a � � � �
4m -9 r —cation of —the —des -n
CarsErn ers s 2 -i h-flir - '
L T ^S ces-d, the B
s•- t r ! e-ai pt ' c ommend- m o d
1
Cow
st
A. -i u the o fl u n al- -r d e -f! in a manner �ner car tl—w'f A r'ecom-me n dedi o n s of the
a l .� <iv � � k�s � U a 9 B � 5 B 'Q�l �, V
oc • agcl--► —G mm Ison—and res-u-b t the ord t ih Co4riara - a —s-e
, . for er
B. � ,�,��j1�� �_� f �� � F� V' �l � (�� �m' ^��� s"�� A y�� fl � � � �'' P"��,,��8������. �' .�" '' p�t,B `'� t`� 9,��j 6 �,�[�,�°� m ��; �Pt, �pr'�'�j I_i F�' � a" Are _ RS
�1��] e 'S U v-4 --C ra '4J o L'� �`5 V-E"�.'1 �lJ 'Ey+' e § fl u or If s cT� 1! U at4he '� J A 9 i i tea+' tl Y �_s` Yfo- 0 5 €�0 U 'l,ld b�E-�'. a 1 a e:
Sec. 21-1-290. - Effect of designation - moratorium until final determination.
Except for the 1041 WOGLA Permit regulations and procedures set forth in Article V of this
Chapter 21, Aafter a matter of state interest is designated pursuant hereto, no person shall
engage in development in such area and no such activity shall be conducted until the
designation and regulations for such area or activity are finally determined as required by
Ssatian G. R. S §24-65.1-404(4), G. RS
5
ARTICLE II - Permit Regulations
The permit regulations set forth in this Article II shall not apply to the regulations and
procedures regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21.
Division 5 - Administration, Enforcement and Penalties.
Sec. 21-2-500. - Enforcement and penalties.
Any person engaging in a development in a designated area of a state interest or
conducting a designated activity of state interest who does not obtain a permit pursuant to these
1041 Regulations, who does not comply with permit requirements, or who acts outside
the authority of the S atj—t q 1041 Permit, may be enjoined by the County or the- e- cwa-c o Land
trise C'o-mm4s-s- n from engaging in such development or conducting such activity, and may be
subject to such other criminal or civil liability as may be prescribed by law.
ARTICLE III - Site Selection and Construction of Major Facilities of a Public Utility
Division 2 - Designation of Site Selection and Construction of Major Facilities of a Public
Utility
Sec. 21-3-200. - Designation of site selection and construction of major facilities of a
public utility.
The Board of County Commissioners, having considered the intensity of current and
foreseeable development pressures, a -p -p -G �� �-e Guid-c n s f ntiSicati- an- Q i na W �--A
�? andIssued y t he g-elrado Land U -se Com- PA-SCI-OrPc and the provisions and
requirements of these Secti-en 1041 Regulations, orders that the designation of site selection
and construction of major facilities of a public utility as a matter of state interest made by the
Board on May 16, 2001, is hereby ratified and confirmed and that this activity shall be regulated
pursuant to the provisions of this Chapter.
6
Add Ne ARTICLE V — Gui elines and Regulations fir Oil and Gas Exploration and
Extraction in the Unincorporat d rea f eld County (Designate -0 as '` ineral Resurce
Area of State Interest)
Division 1 - Ge
ral and hntrc.ductory Provisions.
Sec. 21-5-10. — Purpose, intent and uthorityo
On June 10, 2019, pursuant to the provisions of Article I of this Chapter, the Board of
County Commissioners of Weld County designated the entire unincorporated area of Weld
County, Colorado, as a mineral resource (oil and gas) area of state interest [the "Mineral
Resource (Oil and Gas) Areal, through the authority delegated to Local Governments in
Section 24-65.1-202, C.R.S. Such designation is contained in Section 21-5-200, below. The
regulations (referred to herein as "1041 WOGLA Regulations") set forth in this Article IV are also
made pursuant to the authority granted Weld County in the Colorado Areas and Activities of
State Interest Act ("AASIS"), Sections 24-65.1-101, et seq., C.R.S.; the Colorado Local
Government Land Use Enabling Act, Sections 29-20-101, et seq., C.R.S., including, without
limitation, Section 29-20-104, C.R.S.; the County Planning and Building Code statutes set forth
in Title 30, Article 28, C.R.S.; the powers and authorities conferred upon home rule counties set
forth in Title 30, Article 35, C.R.S., including authority to adopt the Weld County Home Rule
Charter to ensure self-determination and to promote the health, safety, security and general
welfare of the people of Weld County; and all of the authorities granted to Local Governments in
Title 34, Article 60, C.R.S. and in particular all of the amendments thereto included in S.B. 19-
181. The purpose and intent of the 1041 WOGLA Regulations set forth in this Article III are to:
A. Encourage planned and orderly oil and gas development in Weld County;
B. Provide for the needs of agriculture, industry, commerce, residential communities and
recreation in future growth in Weld County;
C. Encourage uses of land and other natural resources which are in accordance with their
original character and adaptability in Weld County;
D. Conserve soil, water and agricultural resources; to protect vested water and property rights;
and to encourage the exploration and extraction of oil and gas within the Mineral Resource
(Oil and Gas) Area in Weld County;
E. Protect air quality in Weld County;
F. Protect the environment and wildlife in Weld County;
G. Promote the efficient and economic use of public resources in Weld County;
H. Protect and administer the Mineral Resource (Oil and Gas) Area in such a manner as to
permit the exploration and extraction of oil and gas and thereby minimize waste, unless
such exploration and extraction would cause significant danger to public health, safety,
welfare, environment and wildlife in Weld County;
Balance the protection, mitigation of damage to and enhancement of environmental
resources with the exploration and extraction of oil and gas within the Mineral Resource (Oil
and Gas) Area in Weld County; and
J. Regulate the exploration and extraction of oil and gas within the Mineral Resource (Oil and
Gas) Area to balance the rights associated with property ownership of mineral owners with
the protection of the environment and wildlife in Weld County and the health, safety and
welfare of the citizens of Weld County.
7
Sec. 21-5-20. Defi n of
LW)
fls.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designation of site selection and construction of major facilities of a public utility shall be
construed to have the meanings set forth as follows:
1041 WOGLA Permit: means a Weld Oil and Gas Location Assessment permit issued pursuant
to this Article V.
Applicant: means the person who applies for a 1041 Weld County Oil and Gas Location
Assessment ("1041 WOGLA") permit. The Applicant may be the surface Owner or Operator.
The Applicant may be referred to herein as the "1041 WOGLA Permittee."
Barrel: means 42 (U.S.) gallons at 60° F at atmospheric pressure.
Base Fluid: means the continuous phase fluid type, such as water, used in a hydraulic
fracturing treatment.
Best Management Practices (BMP's): means practices that are designed to prevent or
reduce impacts caused by Oil and Gas Operations to air, water, soil, or biological resources,
and to Minimize Adverse Impacts to public health, safety and welfare, including the environment
and Wildlife Resources.
Building Unit, for obtaining a 1041 WOGLA Permit, means a Residentil Building Unit; and
every five thousand (5,000) square feet of building floor area in commercial facilities or every
fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and
n ormally occupied during working hours.
Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas Location as
measured from the Oil and Gas Location's disturbance area boundary in every direction.
Cement: means a powdery substance made with calcined lime and clay. It is mixed with
water to form mortar or mixed with sand, gravel, and water to make concrete and may be
measured in 94 -pound sacks.
Centralized E&P Waste Management Facility: means a facility, other than a commercial
disposal facility regulated by the Colorado Department of Public Health and Environment, that
(1) is either used exclusively by one owner or Operator or used by more than one Operator
u nder an operating agreement; and (2) is operated for a period greater than three (3) years; and
(3) receives for collection, treatment, temporary storage, and/or disposal produced water,
drilling fluids, completion fluids, and any other exempt E&P Wastes that are generated from two
o r more production units or areas or from a set of commonly owned or operated leases. This
definition includes oil -field naturally occurring radioactive materials (NORM) related storage,
decontamination, treatment, or disposal. This definition excludes a facility that is permitted in
accordance with COGCC Rule 903.
Chemical(s): means any element, Chemical compound, or mixture of elements or
compounds that has its own specific name or identity such as a Chemical abstract service
n umber, whether or not such Chemical is subject to the requirements of 29 C.F.Q. Section
1910.1200(g)(2) (2011).
8
Child Care Center means a Child Care Center as defined in Section 26-6-102(5), C.R.S.,
that is in operation at the time of the 1041 WOGLA Permit notice pursuant to Section 21-5-320
B., below. A Child Care Center will include any associated outdoor play areas adjacent to or
directly accessible from the center and is fenced or has natural barriers, such as hedges or
stationary walls, at least four (4) feet high demarcating its boundary.
Classified Water Supply Segment: means perennial or intermittent streams, which are
surface waters classified as being suitable or intended to become suitable for potable water
supplies by the Colorado Water Quality Control Commission, pursuant to the Basic Standards
and Methodologies for Surface Water Regulations (5 C.C.R. 1002-31).
COGCC: means the Oil and Gas Conservation Commission of the State of Colorado.
Commercial Disposal Well Facility: means a facility whose primary objective is disposal of
Class II fluid waste (as defined in 40 C.F.R. §144.6(b)) waste from a third party for financial
profit.
Completion: An Oil Well shall be considered completed when the first new oil is produced
through wellhead equipment into lease Tanks from the ultimate producing interval after the
production string has been run. A Gas Well shall be considered completed when the Well is
capable of producing gas through wellhead equipment from the ultimate producing zone after
the production string has been run. A dry hole shall be considered completed when all
provisions of plugging are complied with as set out in these rules. Any Well not previously
defined as an Oil Well or Gas Well, shall be considered completed ninety (90) days after
reaching total depth. If approved by the DPS Director, a Well that requires extensive testing
shall be considered completed when the drilling rig is released or six months after reaching total
depth, whichever is later.
Comprehensive Drilling Plan: means a plan created by one or more Operator(s) covering
future Oil and Gas Operations in a defined geographic area within a geologic basin. The Plan
may (a) identify natural features of the geographic area, including vegetation, Wildlife
Resources, and other attributes of the physical environment; (b) describe the Operator's future
Oil and Gas Operations in the area; (c) identify potential impacts from such operations; (d)
develop agreed -upon measures to avoid, minimize, and mitigate the identified potential impacts;
and (e) include other relevant information. A Comprehensive Drilling Plan must be approved by
the Department of Planning Services Director and shall be valid for a period as established by
the 1041 WOGLA Hearing Officer.
Container means any portable device in which a hazardous material is stored, transported,
treated, disposed of, or otherwise handled. Examples include, but are not limited to, drums,
Barrels, totes, carboys, and bottles.
Crop Land: means lands which are cultivated, mechanically or manually harvested, or
irrigated for vegetative agricultural production, excluding range land.
Day: means calendar day.
9
Designated Setback Location: means any Oil and Gas Location upon which any Well or
Production Facility is or will be situated within, a Buffer Zone Setback (1,000 feet), or an
Exception Zone Setback (500 feet), or within one thousand (1,000) feet of a High Occupancy
Building Unit or a DOAA. The measurement for determining any Designated Setback Location
shall be the shortest distance between the Oil and Gas Location and the nearest edge or corner
of any Building Unit, nearest edge or corner of any High Occupancy Building Unit, or nearest
boundary of any DOAA.
Designated Outside Activity Area ("DOAA'): means
1. An outdoor venue or recreation area, such as a playground, permanent sports Field,
amphitheater, or other similar place of public assembly owned or operated by a Local
Government, which the Local Government requests to have established as a DOAA; or
2. An outdoor venue or recreation area, such as a playground, permanent sports Field,
amphitheater, or other similar place of public assembly where ingress to, or egress from
the venue could be impeded in the event of an emergency condition at an Oil and Gas
Location less than three hundred and fifty (350) feet from the venue due to the
configuration of the venue and the number of persons known or expected to
simultaneously occupy the venue on a regular basis.
The 1041 WOGLA Hearing Officer shall determine whether to establish a DOAA and, if
so, the appropriate boundaries for the DOAA based on the totality of circumstances and
consistent with the purposes of this Article V.
DPS: means the Weld County Department of Planning Services.
DPS Director means the Director of the Weld County Department of Planning Services.
Drilling Pits: means those Pits used during drilling operations and initial Completion of a
Well, and include:
1. Ancillary Pits used to contain fluids during drilling operations and initial Completion
procedures, such as circulation Pits and water storage Pits.
2. Completion Pits used to contain fluids and solids produced during initial Completion
procedures, and not originally constructed for use in drilling operations.
3. Flowback Pits used to contain fluids and solids produced during initial Completion
procedures.
4. Reserve Pits used to store drilling fluids for use in drilling operations or to contain
E&P Waste generated during drilling operations and initial Completion procedures.
10
Exploration And Production Waste ("E&P Waste'): means those wastes associated with
operations to locate or remove oil or gas from the ground or to remove impurities from such
substances and which are uniquely associated with and intrinsic to oil and gas exploration,
development, or production operations that are exempt from regulation under Subtitle C of the
Resource Conservation and Recovery Act (RCRA), 42 USG Sections 6921, et seq. For natural
gas, primary Field operations include those production -related activities at or near the wellhead
and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but
prior to transport of the natural gas from the gas plant to market.
In addition, uniquely associated wastes derived from the production stream along the gas plant
feeder Pipelines are considered E&P Wastes, even if a change of custody in the natural gas
has occurred between the wellhead and the gas plant. In addition, wastes uniquely associated
with the operations to recover natural gas from underground storage Fields are E&P Waste.
Field: means the general area which is underlaid or appears to be underlaid by at least one
pool; and "Field" shall include the underground reservoir or reservoirs containing oil or gas or
both. The words "Field" and "pool" mean the same thing when only one underground reservoir
is involved; however, "Field," unlike "pool," may relate to two or more pools.
Financial Assurance shall mean a surety bond, cash collateral, certificate of deposit, letter of
credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other
instrument or method in favor of and acceptable to the DPS Director. The term encompasses
general liability insurance.
Floodplain: means any land area susceptible to being inundated as a result of a flood,
including the area of land over which floodwater would flow from the spillway of a reservoir. The
FEMA-mapped Floodplains are shown on FEMA's DFIRM, FIRM and FBFM maps.
Flowline: means a segment of pipe transferring oil, gas, or condensate between a wellhead
and processing equipment to the load point or point of delivery to a U.S. Department of
Transportation Pipeline' and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated Gathering Line or a segment of pipe transferring produced water
between a wellhead and the point of disposal, discharge, or loading. This definition of Flowline
does not include a Gathering Line. The different types of Flowlines are:
1. Wellhead Line: A Flowline that transfers Well production fluids from an oil or Gas Well to
process equipment (e.g., separator, production separator, Tank, heater treater), not
including preconditioning equipment such as sand traps and line heaters, which do not
materially reduce line pressure.
2. Production Piping: A segment of pipe that transfers Well production fluids from a
wellhead line or production equipment to a Gathering Line or storage vessel and
includes the following:
a. Production Line: A Flowline connecting a separator to a meter, LACT, or Gathering
Line;
b. Dump Line: A Flowline that transfers produced water, crude oil, or condensate to a
storage Tank, Pit, or process vessel and operates at or near atmospheric pressure at
the Flowline's outlet;
c. Manifold Piping: A Flowline that transfers fluids into a piece of Production Facility
equipment from lines that have been joined together to cominglc fluids; and
11
d. Process Piping: All other piping that is integral to oil and gas exploration and
production related to an individual piece or a set of Production Facility equipment
pieces.
3. Off -Location Flowline: A Flowline transferring produced fluids (crude oil, natural gas,
condensate, or produced water) from an Oil and Gas Location to a Production Facility,
injection facility, Pit, or discharge point that is not on the same Oil and Gas Location.
This definition also includes Flowlines connecting to gas compressors or gas plants.
4. Peripheral Piping: A Flowline that transfers fluids such as fuel gas, lift gas, instrument
gas, or power fluids between oil and gas facilities for lease use.
5. Produced Water Flowline: A Flowline on the Oil and Gas Location used to transfer
produced water for treatment, storage, discharge, injection or reuse for Oil and Gas
Operations.
A segment of pipe transferring only freshwater is not a Flowline.
Future School Facility means a School Facility that is not yet built, but that the School or
School Governing Body plans to build and use for students and staff within three years of the
date the School or School Governing Body receives a 1041 WOGLA Permit notice pursuant to
Section 21-5-320 B., below. To be considered a Future School Facility, the following
requirements must be satisfied:
1.
For
public,
non
-charter
Schools,
the
School
C
overning Body must affirm the nature,
timing, and location of the Future School Facility in writing; or
2. For charter Schools, the School must have been approved by the appropriate School
district or the State Charter School Institute, Section 22-30.5-505, C.R.S., at the time it
receives a 1041 WOGLA Permit notice pursuant to Section 21-5-320 B., below, and the
School Governing Body must affirm the nature, timing, and location of the Future School
Facility in writing; or
3. For private Schools, the School Governing Body must be registered with the Office of
the Colorado Secretary of State at the time it receives a 1041 WOGLA Permit notice
pursuant to Section 21-5-320 B., below, and must provide documentation proving its
registration with the Office of the Colorado Secretary of State, its tax-exempt status, and
its submitted Land Use plans to the relevant Local Government building and planning
office .
Gas Facility: means those facilities that process or compress natural gas after production -
related activities which are conducted at or near the wellhead and prior to a point where the gas
is transferred to a carrier for transport.
Gas Storage Welt means any Well drilled for the injection, withdrawal, production,
observation, or monitoring of natural gas stored in underground formations. The fact that any
such Well is used incidentally for the production of native gas or the enhanced recovery of
native hydrocarbons shall not affect its status as a Gas Storage Well.
Gas Welt means a Well, the principal production of which at the mouth of the Well is gas, as
defined by the Colorado Oil and Gas Conservation Act ("the Act").
12
Gathering Line: means a gathering Pipeline or system as defined by the Colorado Public
Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a
Pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials
Safety Administration pursuant to 49 C.F.R. Section 195.2 or 192.8. 49 C.F.R. Section 195.2 or
192.8 and 4 C.C.R. 723-4901 in existence as of the date of this regulation and does not include
later amendments. 49 C.F.R. Section 195.2 or 192.8 and 4 C.C.R. 723-4901. Additionally, 49
C.F.R. Section 195.2 or 192.8 may be found at https://wvvw. phmsa.dot.gov, and 4 C.C.R.
7234901 may be found at https://www.sos.state.co.us.
Groundwater means subsurface waters in a zone of saturation.
High Occupancy Building Unit: means
1. Any School, Nursing Facility as defined in Section 25.5-4-103(14), C.R.S., Hospital, Life
Care Institutions as defined in Section 12-13-101, C.R.S., or Correctional Facility as
defined in Section 17-1-102(1.7), C.R.S., provided the facility or institution regularly
serves 50 or more persons; or
2. An operating Child Care Center.
Hydraulic Fracturing Additive: means any Chemical substance or combination of
substances, including any Chemicals and Proppants, that is intentionally added to a Base Fluid
for purposes of preparing a hydraulic fracturing fluid for treatment of a Well.
Hydraulic Fracturing Fluid: means the fluid, including the applicable Base Fluid and all
hydraulic fracturing additives, used to perform a hydraulic fracturing treatment.
Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by the
application of hydraulic fracturing fluid under pressure that is expressly designed to initiate or
propagate fractures in a target geologic formation to enhance production of oil and natural gas.
LACT ("Lease Automated Custody Transfer"): means the transfer of produced crude oil or
condensate, after processing or treating in the producing operations, from storage vessels or
automated transfer facilities to Pipelines or any other form of transportation.
Land Application: means the disposal method by which E&P Waste is spread upon or
sometimes mixed into soils.
Land Treatment: means the treatment method by which E&P Waste is applied to soils and
treated to result in a reduction of hydrocarbon concentration by biodegradation and other
natural attenuation processes. Land Treatment may be enhanced by tilling, disking, aerating,
composting and the addition of nutrients or microbes.
Large USIA Facility: means any Oil and Gas Location proposed to be located in an Urban
Mitigation Area and on which:
1. The Operator proposes to drill eight (8) or more new Wells; or
2. The cumulative new and existing on -site storage capacity for produced hydrocarbons
exceeds four -thousand (4,000) Barrels.
13
Local Government: means a county (in this Article V other than Weld County), home rule or
statutory city, town, territorial charter city or city and county, or any special district established
pursuant to the Special District Act, Sections 32-1-101 to 32-11-307 (2013) C.R.S.
Local Governmental Designee ("LGD'): means the office designated to receive, on behalf of
the Local Government, copies of all documents required to be filed with the LGD pursuant to
thcso rules.
Minimize Adverse Impacts: means, wherever reasonably practicable, to avoid adverse
impacts to Wildlife Resources or significant adverse impacts to the environment from Oil and
Gas Operations, minimize the extent and severity of those impacts that cannot be avoided,
mitigate the effects of unavoidable remaining impacts, and take into consideration cost-
effectiveness and technical feasibility regarding actions and decisions taken to Minimize
Adverse Impacts.
Minimize Erosion: means implementing BMPs that are selected based on site specific
conditions and maintained to reduce erosion. Representative erosion control practices include,
but are not limited to, revegetation of disturbed areas, mulching, berms, diversion dikes, surface
roughening, slope drains, check dams, and other comparable measures.
Mitigation with respect to Wildlife Resources means measures that compensate for adverse
impacts to such resources, including, as appropriate, habitat enhancement, on -site habitat
mitigation, off -site habitat mitigation, or mitigation banking.
Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or disposal of E&P
Wastes generated from more than one (1) Well that do not constitute a Centralized E&P Waste
Management Facility and that will be in use for no more than three (3) years.
Multi -Well Site: means a common Well pad from which multiple Wells may be drilled to
various bottom -hole locations.
Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal
Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of
this Code.
Non -Crop Land: means all lands which are not defined as Crop Land, including range land.
Oil and Gas Facility: means equipment or improvements used or installed at an Oil and Gas
Location for the exploration, production, withdrawal, treatment, or processing of crude oil,
condensate, EP Waste, or gas; excluding Pipeline - natural gas and Pipeline - petroleum
products other than natural gas, as those terms are defined in Chapter 23 of this Code, and
all other Pipelines and Flowlines used or installed at the Oil and Gas Facility.
Oil and Gas Location: means a definable area where an Operator has disturbed or intends
to disturb the land surface to locate an Oil and Gas Facility for the purposes of obtaining a
1041 WOGLA.
14
Oil and Gas Operations: means exploration for and extraction of oil and gas, including, but
not limited to, conducting seismic operations and the drilling of test bores; siting, drilling,
deepening, recompleting, reworking, or abandoning a Well; producing operations related to any
Well, including installing Flowlines; the generating, transporting, storing, treating, or disposing
exploration and production wastes; and any constructing, site preparing, or reclaiming activities
associated with such operations.
Oil Well: means a Well, the principal production of which at the mouth of the Well is oil, as
defined by the Act.
Operator means any person who exercises the right to control the conduct of Oil and Gas
Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may
be referred to herein as the "1041 WOGLA Permittee."
Owner means the person who has the right to drill into and produce from a pool and to
appropriate the oil or gas produced therefrom either for such Owner or others or for such Owner
and others, including Owners of a Well capable of producing oil or gas, or both.
Pipeline, for this Article V, means a Flowline, crude oil transfer line or Gathering Line as
defined herein.
Pit: means any natural or man-made depression in the ground used for oil or gas
exploration or production purposes. Pit does not include steel, fiberglass, concrete or other
similar vessels which do not Release their contents to surrounding soils.
Plugging and Abandonment (P&A): means the cementing of a Well, the removal of its
associated production facilities, the abandonment of its Flowline(s), and the Remediation and
Reclamation of the wellsite.
Point of Compliance: means one or more points or locations at which compliance with
applicable Groundwater standards established under Water Quality Control Commission Basic
Standards for Groundwater, section 3.11.4, must be achieved.
Pollution: means man-made or man -induced contamination or other degradation of the
physical, Chemical, biological, or radiological integrity of air, water, soil, or biological resource.
Production Facility: means any storage, separation, treating, dehydration, artificial lift, power
supply, compression, pumping, metering, monitoring, Flowline, and other equipment directly
associated with a Well.
Proppant: means sand or any natural or man-made material that is used in a hydraulic
fracturing treatment to prop open the artificially created or enhanced fractures once the
treatment is completed.
Public Water System: means those systems shown and/or listed in Appendix VI of the
COGCC Rules. These systems provide to the public water for human consumption through
pipes or other constructed conveyances, if such systems have at least fifteen (15) service
connections or regularly serve an average of at least twenty-five (25) individuals daily at least
sixty (60) days out of the year. Such definition includes:
15
1. Any collection, treatment, storage, and distribution facilities under control of the Operator
of such system and used primarily in connection with such system.
2. Any collection or pretreatment storage facilities not under such control, which are used
primarily in connection with such system.
The definition of "Public Water System" does not include any "special irrigation district," as
defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1).
Reclamation: means the process of returning or restoring the surface of disturbed land as
nearly as practicable to its condition prior to the commencement of Oil and Gas Operations or to
landowner specifications.
Reference Area: means an area either (1) on a portion of the site that will not be disturbed
by Oil and Gas Operations, if that is the desired final Reclamation; or (2) another location that is
undisturbed by Oil and Gas Operations and proximate and similar to a proposed Oil and Gas
Location in terms of vegetative potential and management, owned by a person who agrees to
allow periodic access to it by the Director and the Operator for the purpose of providing baseline
information for Reclamation standards, and intended to reflect the desired final Reclamation.
Release: means any unauthorized discharge of E&P Waste to the environment over time.
Remediation: means the process of reducing the concentration of a contaminant or
contaminants in water or soil to the extent necessary to ensure compliance with the
concentration levels in Appendix 21-A and other applicable ground water standards and
classifications.
Reserve Pits: means those Pits used to store drilling fluids for use in drilling operations or to
contain E&P Waste generated during drilling operations and initial Completion procedures.
Residential Building Unit: means a building or structure designed for use as a place of
residency by a person, a family, or families. The term includes manufactured, mobile, and
modular homes, except to the extent that any such manufactured, mobile, or modular home is
intended for temporary occupancy or for business purposes.
Responsible Party: means an owner or operator who conducts an oil and gas operation in a
manner which is in contravention of any then -applicable provision of the Act, or of any rule,
regulation, or order of the Commission, or of any permit, that threatens to cause, or actually
causes, a significant adverse environmental impact to any air, water, soil, or biological resource.
RESPONSIBLE PARTY includes any person who disposes of any other waste by mixing it with
exploration and production waste so as to threaten to cause, or actually cause, a significant
adverse environmental impact to any air, water, soil, or biological resource.
Restricted Surface Occupancy Area: means the wildlife habitat areas in Weld County shown
in Appendix VII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas
shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to
said Appendix VII.
Riser means the component of a Flowline transitioning from below grade to above grade.
School: means any operating Public School as defined in Section 22-7-703(4), C.R.S.,
including any Charter School as defined in Section 22-30.5-103(2), C.R.S., or Section 22-30.5-
502(6), C.R.S.; or Private School as defined in Section 22-30.5-103(6.5) C.R.S.
16
School Facility: means any discrete facility or area, whether indoor or outdoor, associated
with a School, that students use commonly as part of their curriculum or extracurricular
activities. A School Facility is either adjacent to or owned by the School or School Governing
Body, and the School or School Governing Body has the legal right to use the School Facility at
its discretion. The definition includes Future School Facility.
School Governing Body means the School district board or board of directors for public
Schools or the board of trustees, board of directors, or any other body or person charged with
administering a private School or group of private Schools, or any -body or person responsible
for administering or operating a Child Care Center. A School Governing Body may delegate its
rights under these rules, in writing, to a superintendent or other staff member, or to a principal or
senior administrator of a School that is in proximity to the proposed Oil and Gas Location.
Sensitive Area: means an area vulnerable to potential significant adverse Groundwater
impacts, due to factors such as the presence of shallow Groundwater or pathways for
communication with deeper Groundwater; proximity to surface water, including lakes, rivers,
perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas
classified for domestic use by the Colorado Water Quality Control Commission, local (water
supply) wellhead protection areas, areas within one -eighth (1/8) mile of a domestic water Well,
areas within one -quarter (1/4) mile of a public water supply Well, ground water basins
designated by the Colorado Ground Water Commission, and surface water supply areas are
Sensitive Areas. When the Operator or DPS Director has data that indicate an impact or threat
of impact to ground water or surface water, the DPS Director may require the Operator to make
a Sensitive Area determination and that determination shall be subject to the DPS Director's
approval. The Sensitive Area determination shall be made using appropriate geologic and
hydrogeologic data to evaluate the potential for impact to ground water and surface water, such
as soil borings, monitoring Wells, or percolation tests that demonstrate that seepage will not
reach underlying ground water or Waters of the State and impact current or future uses of these
waters. Operators shall submit data evaluated and analysis used in the determination to the
DPS Director. Operations in Sensitive Areas shall incorporate adequate measures and controls
to prevent significant adverse environmental impacts and ensure compliance with the
concentration levels in Appendix 21-A, with consideration to WQCC standards and
classifications.
Sensitive Wildlife Habitat: means the wildlife habitat areas in Weld County shown in
Appendix VIII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas shall
n ot affect 1041 WOGLA Permits approved prior to the effective date of any changes to said
Appendix VIII to the COGCC Rules.
Solid Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply
plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid,
o r contained gaseous material resulting from industrial operations, commercial operations, or
community activities. Solid Waste does not include any solid or dissolved materials in domestic
sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or
industrial discharges which are point sources subject to permits under the provisions of the
Colorado Water Quality Control Act, Title 25, Article 8, C.R.S. or materials handled at facilities
licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S. Solid
Waste does not include: (a) materials handled at facilities licensed pursuant to the provisions on
radiation control in Title 25, Article 11, C.R.S.; (b) excluded scrap metal that is being recycled;
o r (c) shredded circuit boards that are being recycled.
17
Solid Waste Disposal: means the storage, treatment, utilization, processing, or final disposal
of Solid Wastes.
Special Purpose Pits: means Pits used in Oil and Gas Operations, including Pits related to
produced water Flowlines or associated with E&P Waste from gas gathering, processing and
storage facilities, which constitute:
1. Blowdown Pits used to collect material resulting from, including but not limited to, the
emptying or depressurizing of Wells, vessels, or Flowlines, or ESP Waste from gathering
systems.
2. Flare Pits used exclusively for flaring gas.
3. Emergency Pits used to contain liquids during an initial phase of emergency response
operations related to a Spill/Release or process upset conditions.
4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous
materials in crude oil which may settle to the bottoms of Tanks or production vessels
and which may contain residual oil.
5. Workover Pits used to contain liquids during the performance of remedial operations on
a producing Well to increase production.
6. Plugging Pits used for containment of fluids encountered during the plugging process.
Spilt means any unauthorized sudden discharge of E&P Waste to the environment.
Storm water Runoff means rain or snowmelt that flows over land and does not percolate into
soil and includes stormwater that flows onto and off an Oil and Gas Location or Oil and Gas
Facility, being more specifically defined in Chapter 8 of this Code.
Stratigraphic Well: means a Well drilled for stratigraphic information only. Wells drilled in a
delineated Field to known productive horizons shall not be classified as "stratigraphic." Neither
the term "Well" nor "Stratigraphic Well" shall include seismic holes drilled for obtaining
geophysical information only.
Surface Owner means any person owning all or part of the surface of land upon which Oil
and Gas Operations are conducted, as shown by the tax records of the county in which the tract
of land is situated, or any person with such rights under a recorded contract to purchase.
Surface Use Agreement ("SUA'): means any agreement in the nature of a contract or other
form of document binding on the Operator, including any lease, damage agreement, waiver,
Local Government approval or permit, or other form of agreement, which governs the
Operator's activities on the surface in relation to locating a Well, Multi -Well Site, Production
Facility, Pipeline or any other Oil and Gas Facility that supports oil and gas development located
on the Surface Owner's property.
Surface Water Intake: means the works or structures at the head of a conduit through which
water is diverted from a Classified Water Supply Segment and/or source (e.g., river or lake) into
the treatment plant.
18
Surface Water Supply Area: means the Classified Water Supply Segments within five (5)
stream miles upstream of a Surface Water Intake on a Classified Water apply Segment.
Surface Water Supply Areas shall be identified on the Public Water System Surface Water
Supply Area Map.
Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel,
plastic) that provides structural support and is designed and operated to store produced fluids or
E&P Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks,
produced water Tanks, and gun Barrels. Exclusions include Containers and process vessels
such as separators, heater treaters, free water knockouts, and slug catchers.
Urban Mitigation Area ("USIA"): means an area where: (A) At least twenty-two (22) Building
Units or one (1) I _ ligh Occupancy Building Unit (existing or under construction) are located within
a one -thousand (1,000) foot radius of the proposed Oil and Gas Location; or (B) At least eleven
(11) Building Units or one (1) High Occupancy Building Unit (existing or under construction) are
located within any semi -circle of the one -thousand (1,000) foot radius mentioned in subsection
(A) above.
Use: means any purpose for which a structure or a tract of land may be designed, arranged,
intended, maintained or occupied; also, any activity, occupation, business or operation which is
carried on in or on a structure or on a tract of land.
Waters of the State: means waters pursuant to and consistent with Colorado Revised
Statutes and Federal regulations enacted pursuant to the Federal Clean Water Act.
Well, when used alone in these regulations, means an oil or Gas Well, a hole drilled for the
purpose of producing oil or gas, a Well into which fluids are injected, a Stratigraphic Well, a Gas
Storage Well, or a Well used for the purpose of monitoring or observing a reservoir.
Well Site: means the areas that are directly dusturbed during the drilling and subsequent
operation of, or affected by production facilities directly associated with, any Oil Well, Gas Well,
or injection Well and its associated Well pad.
Wildcat (Exploratory) Well: means any Well drilled beyond the known producing limits of a
pool.
Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats.
All Other Words used herein shall be given their usual customary and accepted meaning,
and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that
meaning which is generally accepted in said oil and gas industry.
19
Sec. 21=530
pp
ocabfty and Gen
rail Rules.
A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041 WOGLA")
requires additional consideration to ensure the Oil and Gas Facility and Oil and Gas
Location are developed in a manner that complies with various Development Standards set
forth in Section 21-5-320 E. and Division 4 of this Article V and provides compatibility with
uses located within one -thousand (1,000) feet of the Oil and Gas Location (including
Schools and Child Care Centers within one -thousand three -hundred twenty (1,320) feet of
the Oil and Gas Location). The 1041 WOGLA Permit is designed to protect and promote
Weld County's environment and wildlife and the health, safety, and welfare of the present
and future residents of the County.
B. A 1041 WOGLA Permit is required after August 1, 2019, for the construction of oil and gas
facilities in all zone districts.
C. No Oil and Gas Facility shall be constructed in any zone district until a 1041 WOGLA Permit
has been granted by a 1041 WOGLA Hearing Officer pursuant to the procedures set forth in
Section 21-5-350 of this Article V or following appeal to the Board of County Commissioners
pursuant to Section 2-4-10 of this Code. This applies to:
1. Any new Oil and Gas Location, meaning surface disturbance at a previously undisturbed
site
2. Surface disturbance for purposes of modifying or expanding an existing Oil and Gas
Location; and
3. The addition of a Well or a Pit, except an emergency Pit or a flare Pit where there is no
risk of condensate accumulation, to any existing Oil and Gas Location.
D. DPS shall not issue a building permit for any Oil and Gas Facility in any zone district until a
1041 WOGLA Permit has been granted.
E. No 1041 WOGLA Permit shall be required for:
1. An Oil and Gas Facility for which an application on a Form 2A has been submitted to
the COGCC on or before February 1, 2017.
2. Routine Well operations, including, but not limited to, swabbing, workovers, refracs,
recompletions and normal repairs and maintenance of an existing Oil and Gas
Facility.
3. Surface disturbance at an existing Oil and Gas Location within the original disturbed
area which does not have the effect of modifying or expanding the Oil and Gas
Facility or the Oil and Gas Location.
4. Repairs or maintenance of an Oil and Gas Facility required by a state or federal
compliance order.
F. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with
the procedures and regulations set forth in this Article IV.
G. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with
Article V and Article XI of Chapter 23 of this Code if the proposal is located within any
Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by
the County.
H. Applications for a 1041 WOGLA shall be completed as set forth in Section 21-5-320 of this
Article V. The completed application and application fees shall be submitted to the DPS.
20
I. The DPS may require an Applicant to submit an Improvements Agreement for the
construction of required improvements to mitigate impacts caused by the Oil and Gas
Facility. The Improvements Agreement shall be made in conformance with the County
policy for improvements and agreements and must be approved by the Board of County
Commissioners prior to operation.
J The review, consideration and issuance of a 1041 WOGLA is an administrative hearing
process and is exempt from the definition of development set forth in the agreements
contained in Chapter 19 of the Weld County Code. However, oil and gas exploration and
extraction in Weld County is not considered development as that term is defined in Section
24-65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is inapplicable to permitting
of oil and gas development in Weld County.
K. Information regarding the status of or facts and circumstances regarding an approved 1041
WOGLA Permit, including any desired changes or modifications, may be transmitted by a
1041 WOGLA Permittee to the DPS Director via electronic means.
Sec. 21-5=40. R&&atoonshk of 104
eq ments a _. cctong iii and g
vv
as expHorn 4 nd extraction.
GLA ReguAato ins t. other county, stat
A. Nothing in these 1041 WOGLA Regulations shall be construed as exempting an Applicant
for a 1041 WOGLA Permit from any other requirements of this County.
B. As stated in Section 21-5-10, above, these WOGLA 1041 Regulations are written, in part,
according to the authority granted exclusively to Local Governments in Subsections 29-20-
104(1)(g) and (1)(h), C.R.Q., and are intended to address the following areas and topics
regarding oil and gas exploration and extraction in Weld County:
1. Land Use;
2. The location and siting of Oil and Gas Facilities and Oil and Gas Locations;
3. Impacts to public facilities and services;
4. Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality,
land disturbance, Reclamation procedures, cultural resources, emergency preparedness
and coordination with first responders, security, and traffic and transportation impacts;
5. Financial securities, indemnification, and insurance as appropriate to ensure compliance
with these 1041 WOGLA Regulations;
6. All other nuisance -type effects of oil and gas development addressed in these 1041
WOGLA Regulations; and
7. Otherwise planning for and regulating the Use of land so as to provide planned and
orderly Use of land and protection of the environment in a manner consistent with
constitutional rights.
Because these 1041 WOGLA Regulations are written pursuant to the authorities granted
to Weld County in the AASIA and specifically the express authorities set forth in Sections
24-65.1-202 and 24-65.1-402, C. ". S., to adopt guidelines and regulations governing oil
ana gas exploration and extraction in Weld County, to the extent these 1041 WOGLA
Regulations are inconsistent with the regulations of the COGCC regarding any of the
areas and topics regarding oil and gas exploration and extraction in Weld County listed
above, these 1041 WOGLA Regulations control.
21
C. Pursuant to Section 34-60-131, C.R.S., it is the intent of the Board of County
Commissioners to regulate oil and gas exploration and extraction in Weld County
cooperatively with the COGCC, deferring regulation of the areas and topics regarding oil
and gas exploration and extraction not addressed in these 1041 WOGLA Regulations to the
COGCC.
Division 2 e Dso nion of area of state interest
Sec. 21-5-200. Designation
I
f the entire unincorporated
resource (oH and gas) area of state interest.
ar
a of Weld County as a mineral
The Board of County Commissioners, having considered the intensity of current and
foreseeable development pressures; the Guidelines and Criteria for Identification and Land -Use
Controls of Geologic Hazard and Mineral Resource Areas, Special Publication 06, Colorado
Geological Survey / Dept. of Natural Resources / Denver, Colorado / 1974; the guidelines set
forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041
WOGLA Regulations, hereby orders that the designation of the entire unincorporated area of
Weld County as a mineral resource (oil and gas) area of state interest [the Weld Mineral
Resource (Oil and Gas) Area] made by the Board on June 10, 2019, is hereby ratified and
confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter.
Sec. 21-5-210. Boundaries of area covered by designation.
The entire unincorporated area of Weld County has been designated as a mineral resource
(oil and gas) area and the exploration and extraction of oil and gas within the area shall be
subject to this designation and these 1041 WOGLA Regulations.
Sec. 21-5-220.
1
easons fr designation.
Because oil and gas resources are found throughout the unincorporated area of Weld
County and are being developed rapidly, the Board of County Commissioners has designated
the unincorporated area of Weld County as a mineral resource (oil and gas) area:
A. To regulate oil and gas development in a manner that respects local values protects the
health, safety and welfare of Weld County's community and environment;
B. To ensure coordination and compatibility of the often competing uses of oil and gas
exploration and extraction and agriculture;
C. To adequately plan for and properly mitigate the encroachment of residential development
upon Oil and Gas Operations; and
D. To have local oversight in Land Use planning decisions regarding oil and gas exploration
and extraction in Weld County.
22
Sec. 21-5-230. No moratorium.
It is the intent of the Board of County Commissioners that no moratorium as referred to in
Section 24-65.1-404 (4), C.R.S., shall be in place during the reading process of this Code
amendment. Instead, during the reading process the current WOGLA rules set forth in Division
10, Article 2 of Chapter 23 of this Code shall be in effect until the effective date of this Code
amendment.
Division 3 - 1041 WOGLA Permit Program for Oil and Gas Exploration and Extraction in
the Weld Mineral Resource (Oil any Gas) Area
Sec. 21-5-300. Pr.hihition on exploration or extraction of oil and gas within the Weld
Mineral Rytsource (Oil and Gas) Area without 1041 WOGLA Permit.
A. No person may explore or extract oil and gas within the Weld Mineral Resource (Oil and
Gas) Area without first obtaining a 1041 WOGLA Permit pursuant to these 1041 WOGLA
Regulations.
B. No local authority, including the County, may issue a building permit for purposes of
exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas) Area
without the Applicant first having obtained a 1041 WOGLA Permit pursuant to these 1041
WOGLA Regulations.
Sec. 21-5-310. Procedural requirements.
The procedures concerning permit applications, notice, and conduct of 1041 WOGLA Permit
hearings, review of Board of County Commissioners decisions and issuance and content of
permits for exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and
Gas) Area shall comply with the provisions set forth in this Article V.
Sec. 21-5-320. Application requirements for 1041 WOGLA Permit.
A 1041 WOGLA Permit application shall be submitted to DPS for processing and
determination of whether the application is complete and in compliance with the requirements of
this Section. Upon the Applicant's or DPS Director's request, made either before or after the
submittal of the application, there may be an application meeting between the Applicant and
DPS, which may be accomplished through a face-to-face meeting, electronic mail exchange, or
conference call, as determined by DPS. The purpose of the application meeting is to give the
Applicant an opportunity to demonstrate, through written and graphic information, how the Oil
and Gas Facility complies with the standards set forth in this Section. The following supporting
documents shall be submitted as a part of the application:
A. An application for a 1041 WOGLA Permit on a form supplied by DPS. The application shall
include the following:
1. The name, address, and telephone number of the Applicant.
2. Legal description of the Oil and Gas Location under consideration.
3. Total acreage of the Oil and Gas Location.
4. Existing Land Use of the property where the Oil and Gas Facility will be located.
5. Present zone and overlay zones, if appropriate.
6. A finalized list of the Oil and Gas Facility components.
23
7. Signature of the Applicant.
B. Certification that notice of the application for the 1041 WOGLA Permit has been delivered to
Building Unit owner(s) located within one -thousand (1,000) feet or less of the Oil and Gas
Location; to the Local Governments whose boundaries are within one -thousand (1,000) feet
or less of the Oil and Gas Location; and to any School or Child Care Center within one -
thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location. Such
notice shall comply with the following:
The Applicant shall deliver a 1041 WOGLA Permit notice to the following parties: Building
Unit owners located within one -thousand (1,000) feet of the Oil and Gas Location (as
determined by Weld County Assessors record at the time of nofiicc); the Weld County LGD
and the LGD's for Local Governments located within one -thousand (1,000) feet or less of
the Oil and Gas Location; and the principal or senior administrator, and School Governing
Body of any School or Child Care Center located within one -thousand three -hundred twenty
(1,320) feet or less from the Oil and Gas Location. The 1041 WOGLA Permit notice shall
inform the recipients they must respond in writing with comments and/or concerns to both
the Operator and the County within twenty-eight (28) days of receiving the notice. Delivery
of the 1041 WOGLA Permit notice shall occur not more than six (6) months prior to
submitting a COGCC permit application. The 1041 WOGLA Permit notice shall include the
following information:
1. The location and a general description of the proposed oil and gas facilities.
2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the property owners
and Local Governments whose properties or jurisdictional boundaries are located within
one -thousand three -hundred twenty (1,320) feet of the Oil and Gas Location (including
Schools and Child Care Centers).
4. A proposed access map, including off -site haul route(s). The haul route map shall show
the proposed route back to the nearest County designated collector or arterial roadway,
or nearest highway.
5. A drawing showing the Oil and Gas Facility and disturbed areas. The drawing shall be a
scaled drawing, or scaled aerial photograph showing the approximate outline of the Oil
and Gas Location and all Wells and/or production facilities used for measuring distances
shall be attached. The drawing shall include all visible improvements within one -
thousand three -hundred twenty (1,320) feet of the proposed Oil and Gas Location, with a
horizontal distance and approximate bearing from the Oil and Gas Facilities. Visible
improvements shall include, but not be limited to, all buildings and properties, publicly
maintained roads and trails, fences, above -ground utility lines, railroads, Pipelines or
Pipeline markers, mines, Oil Wells, Gas Wells, injection Wells, water wells known to the
Operator and those registered with the Colorado State Engineer, known springs,
plugged Wells, known sewers with manholes, standing bodies of water, and natural
channels, including permanent canals and ditches through which water may flow. If
there are no visible improvements within one -thousand three -hundred twenty (1,320)
feet of a proposed Oil and Gas Location, it shall be so noted on the map. The Location
Drawing shall also include the proposed access(es) and proposed mitigation measures.
6. A list of the Oil and Gas Facility components.
7. A statement that the notice recipient may request a meeting to discuss the proposed Oil
and Gas Facility by contacting the County or the Operator.
24
8. Operator and County contact information:
a. After notice is received, additional information or proof of notice may be requested by
the County. Based on site specific considerations, the County may request that
additional parties be included in the notification.
b. A Building Unit and/or property owner within one -thousand three -hundred twenty
(1,320) feet of a proposed Oil and Gas Location who would be eligible to receive a
1041 WOGLA Permit notice may, through letter delivered to the DPS Director, waive
future receipt of such notice(s).
9. A statement that the Applicant will consider reasonable mitigation measures proposed
by the notice recipient to address incremental impacts of the proposed Oil and Gas
Facility being a part of the cumulative impacts caused by oil and gas development within
the one -thousand three -hundred twenty (1,320) foot radius of the proposed Oil and Gas
Location. To identify foreseeable oil and gas activities in a defined geographic area,
facilitate discussions about potential cumulative impacts and identify measures to
Minimize Adverse Impacts to public health, safety, welfare, and the environment,
including Wildlife Resources, from such activities, Operators are encouraged to initiate
and enter into Comprehensive Drilling Plans, where feasible and with the agreement of
the involved Surface Owner(s).
10. A topographic map showing all surface waters and riparian areas within one -thousand
three -hundred twenty (1,320) feet of the proposed Oil and Gas Location, with a
horizontal distance and approximate bearing from the Oil and Gas Location shall be
attached.
C. Certification in the application that a SUA or other document, including, but not limited to, a
Memorandum of SUA or an affidavit by the Applicant, has been executed by the Operator
and the Surface Owner(s) of the property where the Oil and Gas Location will be located,
demonstrating that the Operator and Surface Owner have agreed to an Oil and Gas
Location. If no SUA or other document is available at the time of applying for the 1041
WOGLA Permit, the Applicant shall proceed with the 1041 WOGLA Permit process and shall
provide a statement in the 1041 WOGLA Permit application that it is currently in SUA, or
other agreement negotiations, and that it will provide any necessary financial security which
may be required by these 1041 WOGLA Regulations.
D. A statement which explains that the application complies with Article V and Article XI of
Chapter 23 of this Code, if the proposal is located within any Overlay District Area or a
Special Flood Hazard Area identified by maps officially adopted by the County.
E. A statement which provides evidence of compliance with the following standards and the
Development Standards set forth in Division 4 of this Article V:
1. Oil and gas facilities shall be located to minimize impact on agricultural operations.
2. Dust control measures shall be employed as necessary during high traffic periods for
both on -site and off -site haul roads, including unpaved county roads when necessary
and in consultation with the County s Department of Public Works.
3. Traffic reduction measures shall be employed by Operators when feasible, such as,
utilizing fresh water supply Pipelines for Completions and the use of centralized storage
facilities and/or transmission of crude oil via Pipeline.
4. Haul routes shall be designated and developed in consultation with the County.
Municipalities, with roadways which are part of the haul routes, should be included in
such consultation.
25
5. Liquid and Solid Wastes shall be stored and removed for final disposal in a manner that
protects against surface and Groundwater contamination. See applicable Sections of
Division 4 of this Article V.
6. The Oil and Gas Facility shall comply with the Stormwater and water quality regulations
set forth in Chapter 8 of this Code.
7. Noise from drilling, Completion activities, and production shall comply with the noise
limits set forth in Section 21-5-435 of this Article V.
8. Light sources shall be shielded or directed downward, and in a manner to reduce
impacts onto adjacent properties and dwellings. See Section 21-5-405 of this Article V.
9. Visual mitigation measures shall be considered and employed when feasible. See
Section 21-5-410 of this Article V.
10. Site security measures shall be employed as necessary.
11. The Oil and Gas Facility shall be maintained in such a manner to prevent noxious
weeds. See Section 21-5-400 of this Article V.
12. Weight limits. No travel vehicles associated with the 1041 WOGLA Permit may exceed
the weight restrictions set forth in Chapter 12, Article III of this Cade for required
specifications for pounds=per-axle and axle configurations unless overweight permits
have been applied for and granted by the Department of Public Works.
13. If applicable, Right -of -Way (ROW) Permits issued by the Department of Public Works
pursuant to Chapter 8 of this Code, are required for any work occurring within County
ROW. No work within County ROW shall occur without such ROW Permits being issued.
F. An access permit issued by the County's Department of Public Works pursuant to the
requirements of Chapter 8 of this Code is required prior to commencement of drilling
activities. If the access point is under the jurisdiction of a Local Government other than
Weld County, proof of access from such Local Government ("Authority having Jurisdiction"
or "AHJ") is required.
G. A statement and drawing describing the size and approximate location of all on -location
Flowlines and oil and gas lines, and water Pipelines integral to production, and connecting
to the OH and Gas-acility. A topographical map showing all surface waters and riparian
areas within one -thousand three -hundred twenty (1,320) feet of the proposed Oil and Gas
Location, with a horizontal distance and approximate bearing from the Oil and Gas location,
shall be attached.
H. A statement describing the kind of vehicles (type, size, weight) that will access the Oil and
Gas Facility during drilling and Completion operations, and a defined access route. This
shall include a traffic narrative with the following information:
1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups,
tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.) .
26
4. The time of day when the highest traffic volumes are expected. If the drilling waste
(cuttings and fluids) will be disposed of on the Oil and Gas Location, including a
statement describing the location and disposal method.
I. A certified list containing the names, addresses and the corresponding Parcel Identification
Numbers assigned by the County Assessor of Building Unit and property owners within one -
thousand three -hundred twenty (1,320) feet of the Oil and Gas Location (including Schools
and Child Care Centers). The source of such list shall be the records of the County
Assessor, or an ownership update from a title, abstract company, or attorney derived from
such records, or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the Applicant shall certify that such list
was assembled within thirty (30) days of the application submission date.
J. Where an authorized legal agent signs the application for the Oil and Gas Facility on behalf of
the Applicant, evidence of a power of attorney or other authorization for the signature of the
legal agent must be provided. If a copy of the SUA is provided with the application, then the
SUA fulfills the requirement of providing an authorization form.
K. A Road Maintenance Agreement (RMA) or Comprehensive Road Maintenance Agreements
are required for a 1041 WOGLA Permit. If applicable, an off -site Improvements Agreement
executed by the Applicant in accordance with the County policy and documents for collateral
for improvements shall also be required.
L. The Applicant shall consult with the Weld County Office of Emergency Management to put
together an Emergency Action Plan.
M. A statement showing the Applicant has performed an analysis of reasonable siting
alternatives for the Oil and Gas Facility to determine if the chosen Oil and Gas Location is
the least impactful to the protect Weld County's environment and wildlife and the health,
safety and welfare of Weld County's citizens.
N. The following information:
1. Measurements specifying the shortest distance between any Well or Production Facility
proposed or existing on the Oil and Gas Location and the edge or corner of the nearest
building, Building Unit, High Occupancy Building Unit, the nearest boundary of a DOAA,
and the nearest public road, above ground utility, railroad, and property line.
2. A minimum of four (4) color photographs, one (1) of the staked location from each
cardinal direction shall be attached. Each photograph shall be identified by: date taken,
Well or location name, and direction of view.
3. A list of major equipment components to be used in conjunction with drilling and
operating the WeII(s), including all Tanks, Pits, flares, combustion equipment,
separators, and other ancillary equipment and a description of any Pipelines for oil, gas,
or water.
4. The Natural Resources Conservation Service ("NRCS") soil map unit description for the
Oil and Gas Location.
5. For Reclamation purposes, the designation of the current Land Use(s) and Surface
Owner's designated final Land Use(s) and basis for setting Reclamation standards. If
the final Land Use includes residential, industrial, commercial, or cropland and does not
include any other Uses, the Land Use should be indicated and no further information is
needed. If the final Land Use includes rangeland, forestry, recreation, or wildlife habitat,
then a Reference Area shall be selected and the following information shall be attached:
27
a. A topographic map showing the location of the site, and the location of the
Reference Area; and
b. Four (4) color photographs of the Reference Area, taken during the growing season
of vegetation and facing each cardinal direction. Each photograph shall be identified
by date taken, Well or Oil and Gas Location name, and direction of view. Such
photographs may be submitted to DPS any time up to twelve (12) months after the
granting of the 1041 WOGLA.
6. Where the proposed Oil and Gas Location is for multiple Wells on a single pad, a
drawing showing proposed wellbore trajectory with bottom -hole locations shall be
attached.
7. A description of any Applicant -proposed BMPs. With the consent of the Surface Owner,
this may include mitigation measures contained in a relevant SUA.
8. Designation of whether the proposed Oil and Gas Location is within Sensitive Wildlife
Habitat or a Restricted Surface Occupancy Area.
9. An indication if an Army Corps of Engineers permit pursuant to 33 U.S.C.A. Sections
1342 and 1344 of the Water Pollution and Control Act (Section 404 of the federal "Clean
Water Act") is required for the construction of an Oil and Gas Location.
10. A map or scaled aerial image depicting the Oil and Gas Location boundary and
proposed and existing Wells and production facilities in proximity to any surrounding
School Facility or Child Care Center, including distances, and a statement indicating
whether the School Governing Body requested consultation and whether, after
consultation, the School Governing Body and Operator reached agreement regarding
identification of a School Facility or Child Care Center.
11. Construction Layout Drawing. If the Oil and Gas Location disturbance is to occur on
lands with a slope ten percent (10%) or greater, or one (1) foot of elevation gain or more
in ten (10) foot distance, then the following information shall be attached:
a. Construction layout drawing (construction and operation); and
b. Location cross-section plot (construction and operation).
12. If the proposed Oil and Gas Location is within one -thousand (1,000) feet of a Building
Unit or within one -thousand three -hundred twenty (1,320) of a School or Day Care
Center, the following information shall be attached:
a. A Waste Management Plan; and
b. Evidence that Building Unit owners within the Buffer Zone received the 1041
WOGLA Permit notice required by Section 21-5-320 B., above.
13. A statement describing who will provide fire protection to the site.
14. A scaled facility layout drawing depicting the location of all existing and proposed new
Oil and Gas Facilities covered by the application.
O. Such additional information as may be required by DPS, including, but not limited to,
additional data as reasonably required by DPS resulting from consultation with the Weld
County Department of Public Health and Environment or Colorado Parks and Wildlife.
28
Sec. 21-5-330. DPS review of 1041 WOGLA Permit application.
DPS shall review the 1041 WOGLA Permit application to determine if it is complete. Such
review shall occur within seven (7) days of the filing of the application. Upon completeness
determination by the DPS Director, he or she shall send notice of a hearing for the 1041
WOGLA Permit application before the 1041 WOGLA Hearing Officer to Building Unit owner(s)
located within one -thousand three -hundred twenty (1,320) feet or less of the Oil and Gas
Location; to the principal or senior administrator, and School Governing Body of any School or
Child Care Center within one -thousand three -hundred twenty (1,320) feet or less from the Oil
and Gas Location; and to the referral agencies listed below. Such notification shall be mailed
first-class by DPS at least thirty-seven (37) days prior to the date of hearing. The DPS Director
shall also prepare legal notice for the hearing to be published in the newspaper designated by
the Board of County Commissioners for publication of notices. The date of publication shall be
at least thirty-seven (37) days prior to the date of hearing. The mailed and published notice
shall inform the reader that he or she may apply for intervention in the manner set forth in
Section 21-5-340 A.1, below.
DPS shall be responsible for the following:
A. Refer the application to the following agencies, when applicable, for review and comment.
The agencies named shall respond within twenty-eight (28) days after the mailing of the
application by the County. The failure of any agency to respond within twenty-eight (28)
days shall be deemed to be a favorable response to the Planning Department. The reviews
and comments solicited by the County are intended to provide the County with information
about the proposed WOGLA. The reviews and comments submitted by a referral agency
are recommendations to the 1041 WOGLA Healing Officer:
1. The planning commission or governing body of any Local Government whose
boundaries are within one -thousand three -hundred twenty (1,320) feet of the Oil and
Gas Location.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. The Colorado Parks and Wildlife.
5. The COGCC.
6. The appropriate fire district(s).
7. Any irrigation ditch company with irrigation structures of record that are on, or adjacent
to, the Oil and Gas Facility.
8. To any other agencies or individuals to whom DPS deems a referral necessary.
B. Prepare staff comments addressing all aspects of the application, its conformance with the
Weld County Code in effect at the time of filing of the application, sound Land Use planning
practices, comments received from agencies to which the proposal was referred, and the
standards contained in Section 21-5-320 E. and Division 4 of this Article V. Such comments
shall be provided to the 1041 WOGLA Hearing Officer for consideration as evidence in the
hearing.
C. Charge a reasonable fee that covers costs incurred by Weld County for DPS review of the
application, holding the appropriate hearing, and performing any necessary administrative
tasks associated with the issuance of the 1041 WOGLA Permit.
29
Sec. 21-5-340. 1041 WOGLA Hearing.
A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit Applicant and any
person or entity who has been granted intervention by the 1041 WOGLA Hearing Officer
shall have the right to participate formally in the 1041 WOGLA Hearing. The process for
seeking intervention is as follows:
1 Application for intervention must be received by the 1041 WOGLA Hearing Officer no
later than twenty (20) days prior to the 1041 WOGLA Hearing. Application must be on
the form included in the 1041 WOGLA Notice of Hearing or on the form provided on the
DPS website. Persons who have standing to file application for intervention are limited to
those who have received the 1041 WOGLA Notice of Hearing by First Class Mail or who
have demonstrated that they would be directly, adversely and significantly affected or
aggrieved by the granting of the 1041 WOGLA Permit. Application for intervention must
include the following:
The docket number of the 1041 WOGLA Hearing;
b. Legal address of the person applying for intervenor;
c. The date of the application for intervention;
d. A general statement of the factual or legal basis for the protest or intervention based
on the application for intervention;
e. A description of the intended presentation including a list of proposed witnesses; and
f. A time estimate to hear the protest or intervention.
2. All applications for intervention shall be granted or denied by the 1041 WOGLA Hearing
Officer within ten (10) days of their receipt. Such decision shall be communicated to the
Applicant for intervention electronically in a manner determined by the 1041 WOGLA
Hearing Officer.
3. Any statement provided by a person not granted intervention will be considered a written
comment to be included in the 1041 WOGLA Hearing record but not considered by the
1041 WOGLA Hearing Officer as evidence.
B. Conduct of 1041 WOGLA Hearing.
1. 1041 WOGLA Hearings shall be conducted informally with as few technical requirements
as possible. The 1041 WOGLA Hearing Officer shall control the evidence taken during a
hearing in a manner best suited to fully and fairly develop the relevant evidence,
safeguard the rights of all parties, and ascertain the substantive rights of the parties
based on the merits of the issue(s) to be decided.
2. Participation by the parties and/or witnesses by telephone or other electronic means
shall be at the discretion of the 1041 WOGLA Hearing Officer.
3. Postponements of hearings shall not be granted without the showing of necessity by the
1041 WOGLA Hearing party requesting the postponement.
C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA
Hearing, the 1041 WOGLA Hearing Officer shall:
1. Grant the 1041 WOGLA Permit if he or she determines that sufficient evidence exists in
the record that the standards set forth in Section 21-5-320 E. and Division 4 of this
Article V will be met.
30
2. Inform the participants of his or her decision. The decision of the 1041 WOGLA Hearing
Officer shall be clearly set forth on the bottom of the 1041 WOGLA Permit application.
3. Inform the participants that such decision may be appealed to the Board of County
Commissioners pursuant to the appeal procedures set forth in Section 2-4-10 of this
Code.
0. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable certainty,
stability, and fairness in the Land Use planning process and in order to stimulate economic
growth, secure the reasonable investment -backed expectations of landowners, and foster
cooperation between the public and private sectors in the area of Land Use planning, the
Board of County Commissioners declares and orders that an approved 1041 WOGLA
Permit is an approved site specific development plan as that term is defined in Section 23-8-
20 of this Code and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041
WOGLA Permit is a vested property right, as defined in Section 23-8-20, upon the
Completion of the notification requirements set forth in Section 23-8-70 of this Code. Once
noticed pursuant to the requirements of Section 23-8-70, the approved 1041 WOGLA Permit
confers upon the Operator the right to undertake and complete the exploration and
extraction of oil and gas in Weld County under the terms and conditions set forth therein,
pursuant to Section 24-68-103(1)(c), C.R.S.
Sec. 21-5-350. Compliance with 1041 W
•
GLA standards.
An Applicant for a 1041 WOGLA shall demonstrate conformance with, and shall continue to
meet, the 1041 WOGLA standards approved and adopted by the County. Noncompliance with
the approved 1041 WOGLA standards may be reason for rescission of the 1041 WOGLA by the
Board of County Commissioners.
Sec. 21-5-360. Changes and termination of use.
A. Major changes from the approved 1041 WOGLA Permit shall require the approval of a new
1041 WOGLA Permit by the 1041 WOGLA Hearing Officer. DPS is responsible for
determining whether a major change exists, in which case a new 1041 WOGLA application
and processing shall be required. Any other changes shall be filed in the DPS in the
approved 1041 WOGLA file.
B. Construction pursuant to approval of a 1041 WOGLA shall be commenced, and continual
progress made within three (3) years from the date of publication of announcing the
approval of the 1041 WOGLA Permit, or the approval shall terminate. The DPS Director may
grant an extension of time, for good cause shown, upon a written request.
Sec. 21-5-370. Rescission procedures.
A. If at any time following the approval of a 1041 WOGLA the DPS determines that one (1) or
more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this
Article V have not been met, the DPS Director shall notify the Operator of the Oil and Gas
Facility of the failure to meet the standard(s). The Operator will be given thirty (30) days in
which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days
the failure to comply with the standards has not been cured, a hearing shall be scheduled
before the hoard of County Commissioners.
B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or
more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this
Article V have not been met. Upon such a finding, the Board may rescind the 1041 WOGLA
and seek any appropriate legal remedies to cease the USE of the Oil and Gas Facility.
31
Sec. 21-50380. S Ute o nvest gaU
n
2
rnedoaUsn9 and closure.
A. General site investigation and Remediation requirements.
1. Sensitive Area Determination. Operators shall complete a Sensitive Area determination
in accordance with COGCC Rule 901.e.
2. Sampling and analyses. Sampling and analysis of soil and ground water shall be
conducted in accordance with COGCC Rule 910. to determine the horizontal and vertical
extent of any contamination in excess of the concentrations in Appendix 21-A.
3. Management of E&P Waste. E&P Waste shall be managed in accordance with Section
21-5-450 of this Article V.
4. Pit evacuation. Prior to backfilling and site Reclamation, E&P Waste shall be treated or
disposed in accordance with Section 21-5-450 of this Article V.
5. Remediation. Remediation shall be performed in a manner to mitigate, remove, or
reduce contamination that exceeds the concentrations in Appendix 21-A in order to
ensure protection of public health, safety, and welfare, and to prevent and mitigate
significant adverse environmental impacts. Soil that does not meet concentrations in
Appendix 21-A shall be remediated. Ground water that does not meet concentrations in
Appendix 21-A shall be remediated.
6. Reclamation. Remediation sites shall be reclaimed in accordance with Sections 21-5-
545, 21-5-555, and 21-5-560 of this Article V.
7. Surface Owner's desires. Remediation by an Operator shall take into consideration the
wishes of the Surface Owner.
S. Workplan. Operators shall prepare and submit for prior DPS Director approval a workplan
for the following operations and Remediation activities:
1. Unlined Pit closure when required by COGCC Rule 905.
2. Remediation of Spills/Releases in accordance with COGCC Rule 906.
3. Land Treatment of oily waste in accordance with Section 21-5-450 of this Article V.
4. Remediation of impacted ground water in accordance with COGCC Rule 910.b.(4).
C. Multiple sites. Remediation of multiple sites may be submitted on a single workplan.
D. Closure.
1. Remediation and Reclamation shall be complete upon compliance with the
concentrations in Appendix 21-A, or upon compliance with an approved workplan.
2. Notification of completion. Within thirty (30) days after conclusion of site Remediation
and Reclamation activities Operators shall provide notification of completion to the DPS
Director.
E. Release of Financial Assurance. Financial Assurance required by Section 21-5445 may be
held by the DPS Director until the required Remediation of soil and/or ground water impacts
is completed in accordance with the approved workplan, or until cleanup goals are met.
32
Sec. 21-5-390 1 _ ransferrabffity
f
041 VIC
•
G P A Perm Rs.
Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator
takes subject to all terms and conditions of the 1041 WOGLA Permit and shall be considered
the Responsible Party. Within thirty (30) days of transfer, the new Operator shall notify the DPS
Director and the Surface Owner in writing of the name, business address, and other contact
information of the new Operator.
ivi&on 4 ® 1041 W
GLA Permit Dev&opment standars.
Sec. 21-5-400. eed c ntr
During drilling, production, and Reclamation, all disturbed areas shall be kept as free of all
undesirable plant species designated to be noxious weeds as practicable. Weed control
measures shall be conducted in compliance with the Colorado Noxious Weed Act, Sections 35-
5.5-101, et seq., C.R.S. If applicable, the 1041 WOGLA Hearing Officer may require a weed
control plan.
Sec. 21-5-4 45. Li •,ti; sting.
To the extent practicable, site lighting shall be directed downward and inward and shielded
to avoid glare on public roads and Building Units within one thousand three -hundred twenty
(1,320) feet. The lumens associated with the site lighting may be limited by the 1041 WOGLA
Hearing Officer as a means of providing mitigation.
Sec. 21-5-410. Visual impact mitigation.
Production facilities, regardless of construction date, observable from any public highway
shall be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell
Soil Color Coding System), and with colors matched to but slightly darker than the surrounding
landscape.
S ec. 21-5-415. Fu
g
itive dust.
Operators shall employ practices for control of fugitive dust caused by their operations.
S uch practices shall include but are not limited to the use of speed restrictions, regular road
maintenance; restriction of construction activity during high -wind days; and magnesium
chloride, water, and silica dust controls when handling sand used in hydraulic fracturing
operations. Additional management practices such as road surfacing, wind breaks and
barriers, or automation of Wells to reduce truck traffic may also be required if technologically
feasible and economically reasonable to minimize fugitive dust emissions.
S ec. 21-5-420. Odor.
Oil and Gas Operations shall comply with the Colorado Department of Public Health and
Environment, Air Quality Control Commission, Regulation No. 2 Odor 'Emission, 5 C.C.R. 1001-
4, Regulation No. 3 (5 C.C.R. 1001-5), and Section XVI I. B.1 (a -c) and Section XII of Regulation
N o. 7.
33
Sec. 21 -5-425. Production equipment and operations.
In addition to any applicable requirements set forth in this Article V, Operators must comply
with the requirements for production equipment and operations set forth in COGCC Rule 805 b.
(2).
Sec. 21-5-430. - II C
►I
pRetoons.
In addition to any applicable requirements set forth in this Article V, Operators must comply
with the requirements for Well Completions set forth in COGCC Rule 805 b. (3).
Sec. 21 -5-435. Noise.
A. Oil and Gas Operations at any Well Site, Production Facility, or Gas Facility shall comply
with the following maximum permissible noise levels.
ZONE
7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m.
Residential/
55 db(A) 50 db(A)
Agricultural/Rural
Commercial
60 db(A) 55 db(A)
Light Industrial
70 db(A) 65 db(A)
Industrial
80 db(A) 75 db(A)
The type of Land Use of the surrounding area shall be determined by the DPS Director. In
the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permitted above may
be increased ten (10) dB(A) for a period not to exceed fifteen (15) minutes in any one (1)
hour period. The allowable noise level for periodic, impulsive or shrill noises is reduced by
five (5) dB (A) from the levels shown.
B. Except for an Oil and Gas Location within a Designated Setback Location, operations
involving Pipeline or Gas Facility installation or maintenance, the use of a drilling rig,
Completion rig, workover rig, or stimulation is subject to the maximum permissible noise
levels for Light Industrial Zones.
C. In remote locations, where there is no reasonably proximate occupied structure or DOAA,
the light industrial standard may be applicable.
D. Pursuant to inspection or upon receiving a complaint from a nearby property owner
regarding noise related to Oil and Gas Operations, DPS shall conduct an onsite
investigation and take sound measurements as prescribed herein.
E. The following provide guidance for the measurement of sound levels and assignment of
points of compliance for Oil and Gas Operations:
34
1. Sound levels shall be measured three hundred and fifty (350) feet from the noise
source. At the request of the complainant, the sound level shall also be measured at
a point beyond three hundred fifty (350) feet that the complainant believes is more
representative of the noise impact. If an oil and Gas Well Site, Production Facility, or
Gas Facility is installed closer than three hundred fifty (350) feet from an existing
occupied structure, sound levels shall be measured at a point twenty-five (25) feet
from the structure towards the noise source. Noise levels from oil and gas facilities
located on surface property owned, leased, or otherwise controlled by the Operator
shall be measured at three hundred and fifty (350) feet or at the property line,
whichever is greater.
In situations where measurement of noise levels at three hundred and fifty (350) feet
is impractical or unrepresentative due to topography, the measurement may be taken
at a lesser distance and extrapolated to a three -hundred fifty (350) foot equivalent
using the following formula: db(A) DISTANCE 2 = db(A) DISTANCE 1 - 20 x log 10
(distance 2/distance 1).
2. Sound level meters shall be equipped with wind screens, and readings shall be taken
when the wind velocity at the time and place of measurement is not more than five (5)
miles per hour.
3. Sound level measurements shall be taken four (4) feet above ground level.
4. Sound levels shall be determined by averaging minute -by -minute measurements
made over a minimum fifteen (15) minute sample duration if practicable. The sample
shall be taken under conditions that are representative of the noise experienced by the
complainant (e.g., at night, morning, evening, or during special weather conditions).
5. In all sound level measurements, the existing ambient noise level from all other
sources in the encompassing environment at the time and place of such sound level
measurement shall be considered to determine the contribution to the sound level by
the Oil and Gas Operations.
F. In situations where the complaint or onsite inspection indicates that low frequency noise is
a component of the problem, the DPS Director shall obtain a sound level measurement
twenty-five (25) feet from the exterior wall of the residence or occupied structure nearest
to the noise source, using a noise meter calibrated to the db(G) scale. If this reading
exceeds 65 db(C), the DPS Director shall require the Operator to obtain a low frequency
noise impact analysis by a qualified sound expert, including identification of any
reasonable control measures available to mitigate such low frequency noise impact. Such
study shall be provided to the DPS Director for consideration and possible action.
G. Exhaust from all engines, motors, coolers and other mechanized equipment shall be
vented in a direction away from all Building Units.
H. All Oil and Gas Facilities with engines or motors which are not electrically operated that
are within four hundred (400) feet of Building Units shall be equipped with quiet design
mufflers or equivalent. All mufflers shall be properly installed and maintained in proper
working order.
35
Sec. 21-5440 P
I
Hut] n.
The Operator shall take precautions to prevent significant adverse environmental impacts to
air, water, soil, or biological resources to the extent necessary to protect public health, safety
and welfare, including the environment and Wildlife Resources, taking into consideration cost-
effectiveness and technical feasibility to prevent the unauthorized discharge or disposal of oil,
gas, E&P Waste, Chemical substances, trash, discarded equipment or other oil Field waste.
Sec. 21-5445. Fonancaa
O
ssurance reqadre
Ms.
Prior to drilling or commencing any operations with heavy equipment, an Operator shall
provide Financial Assurance to the County in the form of a surety bond or other collateral
acceptable to the DPS Director in the amount set forth below to protect Surface Owners who
are not parties to a lease, SUA or other relevant agreement with the Operator from
unreasonable crop loss or land damage caused by Oil and Gas Operations. Financial
Assurance for Surface Owner protection shall not be required for operations conducted on state
lands when a bond has been filed with the State Board of Land Commissioners. The Financial
Assurance required by this Section shall be in the amount of two thousand dollars ($2,000) per
Well for non -irrigated land, or five thousand dollars ($5,000) per Well for irrigated land. In lieu of
such individual amounts, Operators may submit blanket Financial Assurance in the amount of
twenty-five thousand dollars ($25,000). Any request for relief pursuant to such Financial
Assurance must be granted by the Board of County Commissioners upon application by the
Surface Owner. Corrective or remedial action performed by the Operator may be considered by
the DPS Director before and as part of any order to execute on the Financial Assurance
provided pursuant to this Section. The Financial Assurance provided pursuant to this Section is
not intended to limit any monetary award for unreasonable crop loss or land damage that
cannot be remediated or corrected. Financial Assurance submitted to the DPS Director shall be
held for safekeeping by the Clerk to the Board of County Commissioners.
Sr -c. 21-5-
50.
n
age 5ment of E&P Waste.
A. General requirements.
1. Operator obligations. Operators shall ensure that E&P Waste is properly stored,
handled, transported, treated, recycled, or disposed to prevent threatened or actual
significant adverse environmental impacts to air, water, soil or biological resources or to
the extent necessary to ensure compliance with the concentration levels listed in
Appendix 21-A, with consideration to ground water standards and classifications.
2. E&P Waste management activities shall be conducted, and facilities constructed and
operated, to protect the Waters of the State of Colorado from significant adverse
environmental impacts from E&P Waste, except as permitted by applicable laws and
regulations.
3. Reuse and recycling. To encourage and promote waste minimization, Operators may
propose plans for managing E&P Waste through beneficial use, reuse, and recycling by
submitting a written management plan to the DPS Director for approval, if applicable.
Such plans shall describe, at a minimum, the type(s) of waste, the proposed use of the
waste, method of waste treatment, product quality assurance, and shall include a copy
of any certification or authorization that may be required by other laws and regulations.
The DPS Director may require additional information.
36
B. Waste transportation.
1. E&P Waste, when transported off -site within Colorado for treatment or disposal, shall be
transported to facilities authorized by the COGCC Director or permitted waste disposal
facilities approved to receive E&P Waste. When transported to facilities outside of
Colorado for treatment or disposal, E&P Waste shall be transported to facilities
authorized and permitted by the appropriate regulatory agency in the receiving state.
2. Waste generator requirements. Generators of E&P Waste that is transported offsite
shall maintain, for not less than five (5) years, copies of each invoice, bill, or ticket and
such other records as necessary to document the following requirements:
a. The date of the transport;
b. The identity of the waste generator;
c. The identity of the waste transporter;
d. The location of the waste pickup site;
e. The type and volume of waste; and
f. The name and location of the treatment or disposal site.
Such records shall be signed by the transporter, made available for inspection by the
DPS Director during normal business hours, and copies thereof shall be furnished to
the DPS Director upon request.
C. Produced water.
1. Treatment of produced water. Produced water shall be treated prior to placement in a
production Pit to prevent crude oil and condensate from entering the Pit.
2. Produced water disposal. Produced water may be dis
Dosed as
follows:
a. Injection into a permitted Class II Well;
b. Evaporation/percolation in a properly permitted Pit;
c. Disposal at permitted commercial facilities;
d. Disposal by road -spreading on lease roads outside Sensitive Areas for produced
waters with less than 3,500 mg/I TDS when authorized by the Surface Owner and in
accordance with an approved waste management plan. Road -spreading of produced
waters shall not impact Waters of the U.S., shall not result in pooling or runoff, and
the adjacent soils shall meet the concentration levels in Appendix 21-A. Flowback
fluids shall not be used for dust suppression;
e. Discharging into Waters of the U.S., in accordance with the Water Quality Control
Act and the rules promulgated thereunder and Chapter 8, Article X of this Code.
Operators shall provide the Colorado discharge permit number, latitude and
longitude coordinates of the discharge outfall, and sources of produced water, and
shall include a U.S.G.S. topographic map showing the location of the discharge
outfall.
Produced water discharged may be put to beneficial use in accordance with
applicable state statutes and regulations governing the use and administration of
water; or
37
f. Evaporation in a properly lined Pit at a centralized permitted E&P Waste
management facility.
3. Produced water reuse and recycling. Produced water may be reused for enhanced
recovery, drilling, and other approved uses in a manner consistent with existing water
rights and in consideration of water quality standards and classifications established by
the WQCC for Waters of the U.S., Chapter 8, Article X o₹ this Code, or any Point of
Compliance established by the DPS Director.
4. Mitigation. Water produced during operation of an oil or Gas Well may be used to
provide an alternative domestic water supply to Surface Owners within the oil or gas
Field, in accordance with all applicable laws, including, but not limited to, obtaining the
necessary approvals from the WQCD for constructing a new "waterworks," as defined by
C.R.S Secfiion25-1-107(1)(X)(II)(A). Any produced water not so used shall be disposed
of in accordance with subsection (2) or (3). Providing produced water for domestic use
within the meaning of this subsection (4) shall not constitute an admission by the
Operator that the Well is dewatering or impacting any existing water Well. The water
produced shall be to the benefit of the Surface Owner within the oil and gas Field and
may not be sold for profit or traded.
D.
Drilling
fluids.
1. Recycling and reuse. Drilling Pit contents may be recycled to another drilling Pit for
reuse.
2.
Treatment
and
disposal.
Drilling
fluids
may
be treated
or disposed
as
follows:
a. Injection into a permitted Class II Well;
b. Disposal at a commercial Solid Waste Disposal facility; or
c. Land Treatment or Land Application at a centralized permitted E&P Waste
management facility.
3. Additional authorized disposal of water -based bentonitic drilling fluids. Waterbased
bentonitic drilling fluids may be disposed as follows:
a. Drying and burial in Pits on Non -Crop Land. The resulting concentrations shall not
exceed the concentration levels in Appendix 21-A; or
b. Land Application as follows:
Applicability. Acceptable methods of Land Application include, but are not limited
to, Production Facility construction and maintenance, and lease road
maintenance.
ii. Land Application requirements. The average thickness of waterbased bentonitic
drilling fluid waste applied shall be no more than three (3) inches prior to
incorporation. The waste shall be applied to prevent ponding or erosion and shall
be incorporated as a beneficial amendment into the native soils within ten (10)
days of application. The resulting concentrations shall not exceed those in
Appendix 21-A.
Iii. Surface Owner approval. Operators shall obtain written authorization from the
Surface Owner prior to Land Application of water -based bentonitic drilling fluids.
38
iv. Operator obligations. Operators shall maintain a record of the source, the
volume, and the location where the Land Application of the water -based
bentonitic drilling fluid occurred. Upon the DPS Director's written request, this
information shall be provided within five (5) business days, in a format readily
reviewable by the DPS Director. Operators with control and authority over the
Wells from which the water -based bentonitic drilling fluid wastes are obtained
retain responsibility for the Land Application operation and shall diligently
cooperate with the DPS Director in responding to complaints regarding Land
Application of water -based bentonitic drilling fluids.
v. Approval. Prior approval by the DPS Director is not required for reuse of
waterbased bentonitic drilling fluids for Land Application as a soil amendment.
Oily waste. Oily waste includes those materials containing crude oil, condensate or other
E&P Waste, such as soil, frac sand, drilling fluids, and Pit sludge that contain hydrocarbons.
Oily waste may be treated or disposed as follows:
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Land Treatment onsite; or
3. Land Treatment at a permitted Centralized E&P Waste Management Facility.
4. Land Treatment requirements:
a. Remediation In the case of a reportable Spill, Operators shall submit a Site
Investigation and Workplan for prior approval by the DPS Director. Treatment shall
thereafter be completed in accordance with the approved Workplan.
b. Free oil shall be removed from the oily waste prior to Land Treatment.
c. Oily waste shall be spread evenly to prevent pooling, ponding, or runoff.
d. Contamination of Stormwater Runoff, ground water, or surface water shall be
prevented.
e. Biodegradation shall be enhanced by disking, tilling, aerating, or addition of nutrients,
microbes, water or other amendments, as appropriate.
f. Land -treated oily waste incorporated in place or beneficially reused shall not exceed
the concentrations in Appendix 21-A.
When Land Treatment occurs in an area not being utilized for Oil and Gas
Operations, Operators shall obtain prior written Surface Owner approval. When Land
Treatment occurs on an approved Oil and Gas Location prior to Completion of
interim Reclamation or on the surface disturbance remaining after interim
Reclamation, notice shall be provided to the Surface Owner.
h. Land Treatment shall be conducted in a manner that does not preclude compliance
with Reclamation requirements of this Article V.
F. Other E&P Waste. Other E&P Waste such as workover fluids, Tank bottoms, pigging wastes
from Pipelines, ana gas gathering, processing, and storage wastes may be treated or
disposed of as follows:
g.
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Treatment at a permitted Centralized E&P Waste Management Facility;
3. Injection into a permitted Class II injection Well; or
39
4. An alternative method proposed in a waste management plan approved by the DPS
Director.
Sec. 21-5-455. Man . 9 ment of non -E P Waste.
A. Certain wastes generated by oil and gas -related activities are non-E&P Wastes and are not
exempt from regulation as solid or hazardous wastes. These wastes need to be properly
identified and disposed of in accordance with state and federal regulations.
S. Certain wastes generated by oil and gas -related activities can either be E&P Wastes or non-
E&P Wastes depending on the circumstances of their generation. The hazardous waste
regulations require that a hazardous waste determination be made for any non-E&P Solid
Waste. Hazardous wastes require storage, treatment, and disposal practices in accordance
with 6 C.C.. 1007-3. All non-hazardous/non-E&P Wastes are considered Solid Waste
which require storage, treatment, and disposal in accordance with 6 C.C.R. 1007-2.
S ec. 21=5-460. Pots
enerall and special rules.
Pits used for exploration and production of oil and gas shall comply with COGCC Rules 320,
902, 903, 904, 905, and 911.
-1c. 21-5-465. Spills anReleases.
Operators shall comply with the rules regarding Spills and Releases set forth in COGCC
Rule 906.
S ec. 21-5=470. Concentrator ns and sampling for soil and ground water.
Operators shall comply with the rules regarding concentrations and sampling for soil and
ground water set forth in COGCC Rule 318A c. and/or Rule 910, if applicable.
Sec. 21=5=475. Venting or flaring n aural gas.
Operators shall comply with the rules regarding venting or flaring natural gas set forth in
COGCC Rule 912.
S ec. 21-5480. Dealings ,,,,,,ithi Surface Owners.
A. Notice. Unless the following is otherwise addressed in the SUA or Memorandum of SUA,
the following notices to the Surface Owner shall occur:
1. Surface Owner Notice. Not less than thirty (30) days in advance of commencement of
operations with heavy equipment for the drilling of a Well, Operators shall provide the to
the Surface Owner a Notice stating:
a. The Operator's name and contact information for the Operator or its agent;
b. A site diagram or plat of the proposed Well location and any associated roads and
production facilities;
40
c. The date operations with heavy equipment are expected to commence; and
d. The name and co
itact information
for the
Weld
County
LGD.
The Surface Owner Notice shall be delivered by hand; certified mail, return -receipt
requested; or by other delivery service with receipt confirmation. Electronic mail may
be used if the Suurrace Owner has approved such use in writing.
2. Notice of subsequent Well operations. An Operator shall provide to the Surface Owner
or agent at least seven (7) days advance notice of subsequent Well operations with
heavy equipment that will materially impact surface areas beyond the existing access
road or Well Site, such as recompleting or stimulating the Well.
3. Notice during irrigation season. If a Well is to be drilled on irrigated Crop Lands between
March 1 and October 31, the Operator shall contact the Surface Owner or agent at least
fourteen (14) days prior to commencement of operations with heavy equipment to
coordinate drilling operations to avoid unreasonable interference with irrigation plans
and activities.
4. Final Reclamation notice. Not less than thirty (30) days before any final Reclamation
operations are to take place, the Operator shall notify the Surface Owner. Final
Reclamation operations shall mean those Reclamation operations to be undertaken
when a Well is to be plugged and abandoned or when production facilities are to be
permanently removed. Such notice is required only where final Reclamation operations
commence more than thirty (30) days after the Completion of a Well. In preparing for
final Reclamation and Plugging and Abandonment, the Operator shall use its best efforts
to consult in good faith with the affected Surface Owner (or the tenant when the Surface
Owner has requested that such consultation be made with the tenant). Such good faith
consultation shall allow the Surface Owner (or appointed agent) the opportunity to
provide comments concerning preference for timing of such operations and all aspects
of final Reclamation, including, but not limited to, the desired final Land Use and seed
mix to be applied.
5. Tenants. With respect to the notices listed in this Section, it shall be the responsibility of
the notified Surface Owner to give notice of the proposed operation to the tenant farmer,
lessee, or other party that may own or have an interest in any crops or surface
improvements that could be affected by such proposed operation.
6. Waiver. Any of the notices required herein may be waived in writing by the Surface
Owner, its agent, or, provided that a waiver by a Surface Owner or its agent shall not
prevent the Surface Owner or any successor -in -interest to the Surface Owner from
rescinding that waiver if such rescission is in accordance with applicable law.
B. Location signage. The Operator shall, concurrent with the Surface Owner Notice, post a
sign not less than two -feet by two -feet at the intersection of the lease road and the public
road providing access to the Well Site, with the name of the proposed Well, the legal
location thereof, and the estimated date of commencement. Such sign shall be maintained
until Completion operations at the Well are concluded.
41
Sec. 21-5-485. Seib cks.
A. Wells.
1 Unless the Oil and Gas Location fits into one of the other categories listed below, at the
time of initial drilling, a Well shall be located not less than two hundred (200) feet from
buildings, the current or future exterior ROW line of County roads, major above ground
utility lines, or railroads.
2. A Well shall be located not less than one hundred fifty (150) feet from a surface property
line. The 1041 WOGLA Hearing Officer may grant an exception if it is not feasible for
the Operator to meet this minimum distance requirement and a waiver is obtained from
the offset Surface Owner(s).
B. Buffer Zone Setback: No Well or Production Facility within one -thousand (1,000) feet or less
from a Building Unit.
C. Exception Zone Setback: No Well or Production Facility within five -hundred (500) feet or
less from a Building Unit.
D. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1,000)
feet or less from a High Occupancy Building Unit.
E. Designated Outside Activity Area ("DOAA"): No Well or Production Facility within one -
thousand (1,000) feet or less from the boundary of a DOAA.
F. School Facility and Child Care Center Setback: No Well or Production Facility within one -
thousand (1,000) feet or less from a School Facility or Child Care Center, unless the
relevant School Governing Body agrees in writing to the location of the proposed Well or
Production Facility.
G. Existing Oil and Gas Locations. Where the Oil and Gas Location is located within a
Designated Setback Location solely as a result of Building Units being constructed after the
Oil and Gas Location was constructed, the Director may grant an exception to setbacks
when a Well or Production Facility is proposed to be added to an existing or approved Oil
and Gas Location if the Director determines alternative locations outside the applicable
setback are technically or economically impracticable and sufficient mitigation measures are
in place to protect public health, safety, and welfare.
H. The areas within these setbacks are known as the "Designated Setback Location." Oil and
Gas Locations within the Designated Setback Location may occur if the 1041 WOGLA
Hearing Officer is satisfied that the Operator will employ specific mitigation measures
sufficient to eliminate, minimize or mitigate potential adverse impacts to public health,
safety, welfare, the environment, and wildlife to the maximum extent technically feasible and
economically practicable. Such mitigation measures shall be a condition of approval of the
1041 WOGLA Permit.
42
I. For a School Facility or Child Care Center, the 1041 WOGLA Hearing Officer may allow a
Well or Production Facility within one -thousand three -hundred twenty (1,320) feet or less if
he or she determines that potential locations outside the applicable setback are technically
infeasible or economically impracticable and sufficient mitigation measures are in place to
protect public health, safety, and welfare. For an Exception Zone Setback in an Urban
Mitigation Area, the Operator must submit a waiver from each Building Unit owner within five
hundred (500) feet of the proposed Oil and Gas Location and the 1041 WOGLA Hearing
Officer must determine that potential locations outside the applicable setback are technically
infeasible or economically impracticable and sufficient mitigation measures are in place to
protect public health, safety, and welfare.
J. The measurement for determining any Designated Setback Location shall be the shortest
distance between any existing or proposed WeH or Production Facility on the Oil and Gas
Location and the nearest edge or corner of any Building Unit, nearest edge or corner of any
High Occupancy Building Unit, or nearest boundary of any DOAA.
K. Surface development pursuant to a SUA or site specific development plan. A Surface
Owner or Building Unit owner and mineral Owner or mineral lessee may agree to locate
future Building Units closer to existing or proposed Oil and Gas Locations than otherwise
allowed pursuant to a valid SUA or site specific development plan (as defined in Section 24-
68-102(4)(a), C.R.S., that establishes vested property rights as defined in Section 24-68-
103, C.R.S.) that expressly governs the location of Wells or production facilities on the
surface estate.
Sec. 211-5 490. itigation measures in Designated) Setback Locations.
The following requirements apply to Oil and Gas Locations within Designated Setback
Locations:
A. Encroaching development. An Operator is not responsible for mitigation measures in areas
where encroaching development has entered a designated setback for the permitted Oil and
Gas Location following the issuance of a 1041 WOGLA Permit.
Designated Setback Locations. In addition to the mitigation measures agreed to between
the Operator and the persons or entities noticed pursuant to Section 21-5-320 B. of this
Article V, the following mitigation measures shall apply in Designated Setback Locations:
1. Noise. Operations involving Pipeline or Gas Facility installation or maintenance, or the
use of a drilling rig, are subject to the maximum permissible noise levels for the Light
Industrial Zone, as measured at the nearest Building Unit. Short-term increases shall be
allowable as described in Section 21-5-435 of this Article V.
2. Operators shall comply with the requirements set forth in COGCC Rule 604 c. (2) B.
(closed loop drilling systems — Pit restrictions), Rule 604 c. (2) C. (green Completions —
emission control systems), Rule 604 c. (2) E. (multi -Well pads), Rule 604 c. (2) F. (leak
detection plan), Rule 604 c. (2) G. (berm construction), Rule 604 c. (2) H. (BODE), Rule
604 c. (2) I. (BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for Well
servicing operations), Rule 604 c. (2) K. (Pit level indicators), Rule 604 c. (2) L. (drill
stem tests), Rule 604 c. (2) M. (fencing requirements), Rule 604 c. (2) N. (control of fire
hazards), Rule 604 c. (2) O. (loadlines), Rule 604 c. (2) P. (removal of surface trash),
Rule 604 c. (2) Q. (guy line anchors), Rule 604 c. (2) R. (Tank specifications), Rule 604
c. (2) S. (access roads), Rule 604 c. (2) T. (Well Site cleared), Rule 604 c. (2) U.
(identification of plugged and abandoned Wells), Rule 604 c. (2) V. (development of
existing Well pads).
43
C. Exception Zone Setback. In addition to all items listed in Section 21-5-490 B., above, the
following berm construction shall be required within the Exception Zone Setback:
1. Containment berms shall be constructed of steel rings, designed and installed to prevent
leakage and resist degradation from erosion or routine operation.
2. Secondary containment areas for Tanks shall be constructed with a synthetic or
engineered liner that contains all primary containment vessels and Flowlines and is
mechanically connected to the steel ring to prevent leakage.
3. For locations within five hundred (500) feet and upgradient of a surface water body,
tertiary containment, such as an earthen berm, is required around Production Facilities.
4. In an Urban Mitigation Area Exception Zone Setback, no more than two (2) crude oil or
condensate storage Tanks shall be located within a single berm.
D. Large UMA Facilities. In addition to all items listed in Section 21-5-490 C., above, the
following mitigation measures will be required for all Large UMA Facilities, regardless of
whether the Large UMA Facility is in the Buffer Zone or the Exception Zone:
1.
Required
BMPs.
a. Fire, explosion, Chemical, and toxic emission hazards, including lightning strike
hazards. Fluid leak detection, repair, reporting, and record keeping for all above and
below ground on -site fluid handling, storage, and transportation equipment.
b. Automated Well shut in control measures to prevent gas venting during emission
control system failures or other upset conditions.
c. Zero flaring or venting of gas upon Completion of flowback, excepting upset or
emergency conditions, or with prior written approval from the Director for necessary
maintenance operations.
d. Storage Tank pressure and fluid management.
e. Proppant dust control.
2. Site specific mitigation measures to address the specific concerns of persons who
received a 1041 WOGLA notice, as determined by the 1041 WOGLA Hearing Officer.
Sec. 2i-5-495. Safety requirements.
Operators shall comply with the safety rules set forth in COGCC Rules 603 b., 603 c., 603
d., and 603 e.
Sec. 21-5-500. Floodplain requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this Code if the
proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by
maps officially adopted by the County.
Sec. 21-5-505. Stormwater management.
As part of the application for a 1041 WOGLA Permit, an Operator must apply for, be granted
and comply with applicable required Stormwater management and discharge permits required
pursuant to Chapter 8 of this Code.
44
^,e. 21-5-5110. E
q
i pm
ea
nt9weeds, \aste9 anc
trash
an
g
merit requirements.
All locations, including Wells and surface production facilities, shall be kept free of the
following: equipment, vehicles, and supplies not necessary for use on that lease; weeds;
rubbish, and other waste material. The burning or burial of such material on the premises shall
be performed in accordance with applicable local, state, or federal Solid Waste Disposal
regulations and must be approved by the WCDPHE before burning begins. In addition, material
may be burned or buried on the premises only with the prior written consent of the Surface
Owner.
Sec. 21-5-5
5. E quopment arm
h
®tong regi orennents.
All equipment at drilling and production sites in geological hazard areas and Floodplains
shall be anchored. Anchors must be engineered to support the equipment and to resist
flotation, collapse, lateral movement, or subsidence, and must comply with all requirements of
any necessary geologic hazard recommendations and/or Flood Hazard Development Permit.
Sec. 21-5-520. = utter Zone m
del
�e-on9 rog-up ("MRU") notice.
At least 30 days, but no more than 90 days, before the move -in, rig -up ("MIRU") of a drilling
rig, the Operator shall provide MIRU Notice to all Building Lnit owners within the Buffer Zone if:
(i) it has been more than one year since the previous notice or since drilling activity last
occurred, or (ii) notice was not previously required.
A. Weld County Assessor records may be used to identify the persons entitled to MIRU Notice.
MIRU Notice shall be delivered by hand; certified mail, with return -receipt requested;
electronic mail, with return receipt requested; or by other delivery service with receipt
confirmation.
B. The MIRU Notice must include:
1. A statement informing the Building Unit owner that the Operator intends to MIRU a
drilling rig to drill Wells within 1000 feet of their Building Unit;
2. The Operator's contact information;
3. The location of the proposed Wells (Quarter -Quarter, Section, Township, Range,
County);
4. The approximate street address of the proposed Well locations (Street Number, Name,
City);
5. The name and number of the proposed Wells, including the WOGLA permit number;
6. The anticipated date (Day, Month, Year) the drilling rig will MIRU; and
7. The Weld C
Runty
LGD's
address
and
telephone
number.
C. A Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any
time.
45
Sec. 21-5-525. Protection of Wiknife Resources.
A. The 1041 WOGLA Hearing Officer shall determine whether conditions of approval are
necessary to Minimize Adverse Impacts from the proposed Oil and Gas Operations in the
identified Sensitive Wildlife Habitat or Restricted Surface Occupancy Area. For purposes of
this rule, the term "Minimize Adverse Impacts" shall mean, wherever reasonably practicable,
to:
1. Avoid adverse impacts from Oil and Gas Operations on Wildlife Resources;
2. Minimize the extent and severity of those impacts that cannot be avoided;
3. Mitigate the effects of unavoidable remaining impacts; and
4. Take into consideration cost-effectiveness and technical feasibility regarding actions
taken and decisions made to Minimize Adverse Impacts to Wildlife Resources.
B. In selecting conditions of approval from such BMPs or other sources, the 1041 WOGLA
Hearing Officer shall consider the following factors, among other considerations:
1. The BMPs for the producing geologic basin in which the Oil and Gas Location is
situated;
2. Site -specific and species -specific factors of the proposed new Oil and Gas Location;
3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on Wildlife
Resources;
4. The extent to which conditions of approval will promote the use of existing facilities and
reduction of new surface disturbance;
5. The extent to which legally accessible, technologically feasible, and economically
practicable alternative sites exist for the proposed new Oil and Gas Location;
6. The extent to which the proposed Oil and Gas Operations will use technology and
practices which are protective of the environment and Wildlife Resources;
7. The extent to which the proposed Oil and Gas Location minimizes surface disturbance
and habitat fragmentation;
8. The extent to which the proposed Oil and Gas Location is within Land Used for
residential, industrial, commercial, agricultural, or other purposes, and the existing
disturbance associated with such use.
Sec. 21-5-530. Other general operating requirements regarding wildlife protection.
Subject to exception by the DPS Director for site specific reasons and BMPs, the operating
requirements identified below shall apply in all areas.
A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation
networks and new oil and gas facilities to minimize surface disturbance and the number and
length of oil and gas roads and utilize common roads, rights of way, and access points to
the extent practicable, consistent with these rules, an Operator's operational requirements,
and any requirements imposed by federal and state land management agencies, Weld
County's regulations, and SUAs and other Surface Owner requirements, and taking into
account cost effectiveness and technical feasibility.
46
B. Establish new staging, refueling, and Chemical storage areas outside of riparian zones and
Floodplains.
C. Use minimum practical construction widths for new rights -of -way where Pipelines cross
riparian areas, streams, and critical habitats.
S co 211-5=535. Req ifi r
'_,
ments in Restricted Surface Occupancy Areas.
A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum extent
technically and economically feasible when planning and conducting new oil and gas
development operations, except:
1. When authorized by or specifically exempted by Colorado Parks and Wildlife following
consultation;
When authorized by a Comprehensive Drilling Plan;
Upon demonstration that the identified habitat is not in fact present; or
4. In the event of situations posing a risk to public health, safety, welfare, or the
environment.
B. New ground disturbing activities are to be avoided in Restricted Surface Occupancy Areas,
including construction, drilling and Completion, non -emergency workovers, and Pipeline
installation activity, to Minimize Adverse Impacts to Wildlife Resources. Production, routine
maintenance, repairs and replacements, emergency operations, Reclamation activities, or
habitat improvements are not prohibited in Restricted Surface Occupancy Areas.
Notwithstanding the foregoing, non -emergency workovers, including uphole recompletions,
may be performed with prior approval of the DPS Director on a schedule that minimizes
adverse impacts to the species for which the Restricted Surface Occupancy Area exists.
Sec. 21-5-540. General op r;itong
esificted Surface ccupancy Area
equirements in Sensitive ifdiife Habit t and
A. Subject to exception by the 1041 WOGLA Hearing Officer for site specific reasons and
BMPs, within Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas, Operators
shall comply with the following operating requirements:
1. During Pipeline construction for trenches that are left open for more than five (5) days
and are greater than five (5) feet in width, install wildlife crossovers and escape ramps
where the trench crosses well-defined game trails and at a minimum of one quarter (114)
mile intervals where the trench parallels well-defined game trails.
2. Inform and educate employees and contractors on wildlife conservation practices,
including no harassment or feeding of wildlife.
3. Consolidate new facilities to minimize impact to wildlife.
4. Minimize rig mobilization and demobilization where practicable by completing or
recompleting all Wells from a given Well pad before moving rigs to a new location.
5. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way
and roads to minimize surface disturbance.
6. Engineer new Pipelines to reduce Field fitting and reduce excessive right-of-way widths
and Reclamation.
7. Use boring instead of trenching across perennial streams considered critical fish habitat.
47
8. Treat waste water Pits and any associated Pit containing water that provides a medium
for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
9. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and
regulatory agencies.
10. Mow or brushhog vegetation where appropriate, leaving root structure intact, instead of
scraping the surface, where allowed by the Surface Owner.
11. Limit access to oil and gas access roads where approved by Surface Owners, surface
managing agencies, or Local Government, as appropriate.
12. Post interior speed limits and caution signs to the extent allowed by Surface Owners, as
appropriate.
13. Use wildlife -appropriate fencing where acceptable to the Surface Owner.
14. Use topographic features and vegetative screening to create seclusion areas, where
acceptable to the Surface Owner.
15. Use remote monitoring of Well production to the extent practicable.
16. Reduce traffic associated with transporting drilling water and produced liquids through
the use of Pipelines, large Tanks, or other measures where technically feasible and
economically practicable.
Sec. 21=5=545a ene!1 all R
ation r
q
uirements.
A. Surface restoration. The surface of the land shall be restored as nearly as practicable to its
condition at the commencement of drilling operations, including topsoil restoration and
protection.
B. DPS Director determination. When the DPS Director has reasonable cause to believe that a
proposed oil and gas operation could result in a significant adverse environmental impact on
any air, water, soil, or biological resource, the Director shall conduct an onsite inspection
and may request a hearing before the Board of County Commissioners to rescind the 1041
WOGLA Permit and execute on Financial Assurance to protect the public health, safety and
welfare, including prevention of significant adverse environmental impacts.
C. Surface Owner waiver. The Surface Owner has the right to waive Reclamation requirements
set forth in Sections 21-5-545, 21-5-555, and 21-5-560 of this Article V, unless such
Reclamation is deemed necessary to protect public health, safety and welfare, environment
and wildlife of Weld County, as determined by the DPS Director.
c. 21 -5-550. Site prreparaUU
•
n and stabifiz
I
A. Fencing requirements.
1. Fencing of drill sites and access roads on Crop Lands. During drilling operations on
Crop Lands, when requested by the Surface Owner, the Operator shall delineate each
drillsite and access road on Crop Lands constructed after such date by berms, single
strand fence, or other equivalent method to discourage unnecessary surface
disturbances.
2. Fencing of reserve Pit when livestock is present. During drilling operations where
livestock is in the immediate area and is not fenced out by existing fences, the Operator,
at the request of the Surface Owner, will install a fence around the reserve Pit.
48
3. Fencing of Well Sites. After Completion of drilling operations, where livestock is in the
immediate area and is not fenced out by existing fences, the Operator, at the request of
the Surface Owner, will install a fence around the wellhead, Pit, and production
equipment to prevent livestock entry.
B. Soil removal and segregation.
1. Soil removal and segregation on cropland. As to all excavation operations undertaken on
Crop Land, the Operator shall separate and store soil horizons separately from one
another and mark or document stockpile locations to facilitate subsequent Reclamation.
When separating soil horizons, the Operator shall segregate horizons based upon noted
changes in physical characteristics such as organic content, color, texture, density, or
consistency. Segregation will be performed to the extent practicable to a depth of six (6)
feet or bedrock, whichever is shallower.
2. Soil removal and segregation on non -cropland. As to all excavation operations
undertaken on Non -Crop Land, the Operator shall separate and store the topsoil horizon
or the top six (6) inches, whichever is deeper, and mark or document stockpile locations
to facilitate subsequent Reclamation. When separating the soil horizons, the Operator
shall segregate the horizon based upon noted changes in physical characteristics such
as organic content, color, texture, density, or consistency.
3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the
Operator to practicably segregate, then the topsoil shall be segregated to the extent
practicable and stored. Too rocky shall mean that the soil horizon consists of greater
than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in
diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness.
The Operator shall segregate remaining soils on Crop Land to the extent practicable to a
depth of three (3) feet below the ground surface or bedrock, whichever is shallower,
based upon noted changes in physical characteristics such as color, texture, density or
consistency and such soils shall be stockpiled to avoid loss and mixing with other soils.
C. Protection of soils. All stockpiled soils shall be protected from degradation due to
contamination, compaction and, to the extent practicable, from wind and water erosion
during drilling and production operations. BMPs to prevent weed establishment and to
maintain soil microbial activity shall be implemented.
D. Drill pad location. The drilling location shall be designed and constructed to provide a safe
working area while reasonably minimizing the total surface area disturbed. Consistent with
applicable spacing orders and Well location orders and regulations, in locating drill pads,
steep slopes shall be avoided when reasonably possible. The drill pad site shall be located
on the most level location obtainable that will accommodate the intended use. if not
avoidable, deep vertical cuts and steep long fill slopes shall be constructed to the least
percent slope practical. Where feasible, Operators shall use directional drilling to reduce
cumulative impacts and adverse impacts on Wildlife Resources.
E. Surface disturbance minimization.
1. In order to reasonably minimize land disturbances and facilitate future Reclamation, Well
Sites, production facilities, gathering Pipelines, and access roads shall be located,
adequately sized, constructed, and maintained so as to reasonably control dust and
Minimize Erosion, alteration of natural features, removal of surface materials, and
degradation due to contamination.
49
2. Operators shall avoid or minimize impacts to wetlands and riparian habitats to the
degree practicable.
Where practicable, Operators shall consolidate facilities and Pipeline rights -of -way to
Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife
habitat, as Well as cumulative impacts.
4. Access roads. Existing roads shall be used to the greatest extent practicable to avoid
erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall
be engineered to avoid or minimize impacts to riparian areas or wetlands to the extent
practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be
designed and constructed to allow fish passage, where practicable and appropriate.
Where feasible and practicable, Operators are encouraged to share access roads in
developing a Field. Where feasible and practicable, roads shall be routed to
complement other land usage. To the greatest extent practicable, all vehicles used by
the Operator, contractors, and other parties associated with the Well shall not travel
outside of the original access road boundary. Repeated or flagrant instance(s) of failure
to restrict lease access to lease roads which result in unreasonable land damage or crop
losses shall subject the 1041 WOGLA Permit to rescission by the Board of County
Commissioners pursuant to Section 21-5-370.
Sec. 2
-5=555. hit
k -
ram
eciamation.
A. General. Debris and waste materials other than de minimis amounts, including, but not
limited to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and
cable, as Well as equipment associated with the drilling, re-entry, or Completion operations
shall be removed. All E&P Waste shall be handled according to Section 21-5-450 of this
Article V. All Pits, cellars, rat holes, and other bore holes unnecessary for further lease
operations, excluding the drilling Pit, will be backfilled as soon as possible after the drilling
rig is released to conform with surrounding terrain. On Crop Land, if requested by the
Surface Owner, guy line anchors shall be removed as soon as reasonably possible after the
Completion rig is released. When permanent guy line anchors are installed, it shall not be
mandatory to remove them. When permanent guy line anchors are installed on cropland,
care shall be taken to minimize disruption or cultivation, irrigation, or harvesting operations.
If requested by the Surface Owner or its representative, the anchors shall be specifically
marked, in addition to the marking required below, to facilitate farming operations. All guy
line anchors left buried for future use shall be identified by a marker of bright color not less
than four (4) feet in height and not greater than one (1) foot east of the guy line anchor.
B. Interim Reclamation of areas no longer in use. All disturbed areas affected by drilling or
subsequent operations, except areas reasonably needed for production operations or for
subsequent drilling operations to be commenced within twelve (12) months, shall be
reclaimed as early and as nearly as practicable to their original condition or their final Land
Use as designated by the Surface Owner and shall be maintained to control dust and
Minimize rosion to the extent practicable. As to Croo Lands, if subsidence occurs in such
areas additional topsoil shall be added to the depression and the land shall be re -leveled as
close to its original contour as practicable. Interim Reclamation shall occur no later than
three (3) Tionths on Crop Land or six (6) months on Non -Crop Land after such operations
unless the DPS Director extends the time period because of conditions outside the control of
the Operator. Areas reasonably needed for production operations or for subsequent drilling
operations to be commenced within twelve (12) months shall be compacted, covered,
paved, or otherwise stabilized and maintained in such a way as to minimize dust and
erosion to the extent practicable.
50
C. Compaction alleviation. All areas compacted by drilling and subsequent Oil and Gas
Operations which are no longer needed following Completion of such operations shall be
cross -ripped. On Crop Land, such compaction alleviation operations shall be undertaken
when the soil moisture at the time of ripping is below thirty-five percent (35%) of Field
capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the
extent bed rock is encountered at a shallower depth.
Drilling Pit closure. As part of interim Reclamation, Drilling Pits shall be closed in the
following manner:
1. Drilling Pit closure on Crop Land and within 100 -year Floodplain. On Crop Land or within
the 100 -year Floodplain, water -based bentonitic drilling fluids, except de minimis
amounts, shall be removed from the drilling Pit and disposed of in accordance with
Section 21-5-450 of this Article V. Operators shall ensure that soils meet the
concentration levels of Appendix 21-A. Drilling Pit Reclamation, including the disposal of
drilling fluids and cuttings, shall be performed in a manner to not result in the formation
of an impermeable barrier. Any cuttings removed from the Pit for drying shall be returned
to the Pit prior to backfilling, and no more than de minimis amounts may be incorporated
into the surface materials. After the drilling Pit is sufficiently dry, the Pit shall be
backfilled. The backfilling of the drilling Pit shall be done to return the soils to their
original relative positions. Closing and Reclamation of Drilling Pits shall occur no later
than three (3) months after drilling and Completion activities conclude.
2. Drilling Pit closure on Non -Crop Land. All drilling fluids shall be disposed of in
accordance with Section 21-5-450 of this Article V. Operators shall ensure that soils
meet the concentration levels of Appendix 21-A. After the drilling Pit is sufficiently dry,
the Pit shall be backfilled. Materials removed from the Pit for drying shall be returned to
the Pit prior to the backfilling. No more than de minimis amounts may be incorporated
into the surface materials. The backfilling of the drilling Pit will be done to return the
soils to their original relative positions so that the muds and associated solids will be
confined to the Pit and not squeezed out and incorporated in the surface materials.
Closure and Reclamation of Drilling Pits shall occur no later than six (6) months after
drilling and Completion activities conclude, weather permitting.
3. Minimum cover. On Crop Lands, a minimum of three (3) feet of backfill cover shall be
applied over any remaining drilling Pit contents. As to both Crop Lands and Non -Crop
Lands, during the two (2) year period following drilling Pit closure, if subsidence occurs
over the closed drilling Pit location additional topsoil shall be added to the depression
and the land shall be re -leveled as close to its original contour as practicable.
E. Restoration and revegetation. When a Well is completed for production, all disturbed areas
no longer needed will be restored and revegetated as soon as practicable.
1 Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands
shall be replaced to their original relative positions and contour and shall be tilled
adequately to re-establish a proper seedbed. The area shall be treated if necessary and
practicable to prevent invasion of undesirable species and noxious weeds, and to control
erosion. Any perennial forage crops that were present before disturbance shall be re-
established.
51
2. Revegetation of Non -Crop Lands. All segregated soil horizons removed from Non -Crop
Lands shall be replaced to their original relative positions and contour as near as
practicable to achieve erosion control and long-term stability and shall be tilled
adequately to establish a proper seedbed. The disturbed area then shall be reseeded in
the first favorable season following rig demobilization. Reseeding with species
consistent with the adjacent plant community is encouraged. In the absence of an
agreement between the Operator and the affected Surface Owner as to what seed mix
should be used, the Operator shall consult with a representative of the local soil
conservation district to determine the proper seed mix to use in revegetating the
disturbed area. In an area where an Operator has drilled or plans to drill multiple Wells,
in the absence of an agreement between the Operator and the affected Surface Owner,
the Operator may rely upon previous advice given by the local soil conservation district
in determining the proper seed mixes to be used in revegetating each type of terrain
upon which operations are to be conducted. Interim Reclamation of all disturbed areas
no longer in use shall be considered complete when all ground surface disturbing
activities at the site have been completed, and all disturbed areas have been either built
on, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize
Erosion to the extent practicable, or a uniform vegetative cover has been established
that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total
percent plant cover of at least eighty percent (80%) of pre -disturbance levels or
Reference Areas, excluding noxious weeds. Re -seeding alone is insufficient.
3. Interim Reclamation Completion. The Operator shall notify the DPS Director with a
description of the interim Reclamation procedures and any associated mitigation
measures performed, any changes, if applicable in the landowner's designated final
Land Use, and at a minimum four (4) photographs taken during the growing season
facing each cardinal direction which document the success of the interim Reclamation
and one (1) photograph which documents the total cover of live perennial vegetation of
adjacent or nearby undisturbed land or the Reference Area. Each photograph shall be
identified by date taken, Well name, GPS location, and direction of view.
4. Temporary Access Permits. If a temporary access permit is associated with a drillsite,
the temporary access will be reclaimed in accordance with Chapter 12, Article V of this
Code.
Sec. 21
-5-560 Final Reclamation o
ell Sites and associated production faciliti s.
Well Sites and associated production facilities. Upon the Plugging and Abandonment of a Well,
all Pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned Gathering
Line Risers and Flowline Risers, and surface equipment shall be removed within three (3)
months of plugging a Well. All access roads to plugged and abandoned Wells and associated
production facilities shall be closed, graded and recontoured. Culverts and any other
obstructions that were pad of the access road(s) shall be removed. Well locations, access roads
and associated facilities shall be reclaimed. As applicable, compaction alleviation, restoration,
and revegetation of Well Sites, associated production facilities, and access roads shall be
performed to the same standards as established for interim Reclamation under Section 21-5-
555, above. All other equipment, supplies, weeds, rubbish, and other waste material shall be
removed. The burning or burial of such material on the premises shall be performed in
accordance with applicable local, state, or federal Solid Waste Disposal regulations. In addition,
material may be burned or buried on the premises only with the prior written consent of the
Surface Owner. All such Reclamation work shall be completed within three (3) months on Crop
Land and twelve (12) months on Non -Crop Land after plugging a Well or final closure of
associated production facilities. The Director may grant an extension where unusual
circumstances are encountered, but every reasonable effort shall be made to complete
Reclamation before the next local growing season.
A. Production and special purpose Pit closure. The Operator shall comply with the Section 21-
5-450 of this Article V for the removal or treatment of E&P Waste remaining in a production
or special purpose Pit before the Pit may be closed for final Reclamation. After any
remaining E&P Waste is removed or treated, all such Pits must be back -filled to return the
soils to their original relative positions. As to both Crop Lands and Non -Crop Lands, if
subsidence occurs over closed Pit locations, additional topsoil shall be added to the
depression and the land shall be re -leveled as close to its original contour as practicable.
Final Reclamation threshold for release of Financial Assurance. Successful Reclamation of
the Well Site and access road will be considered completed when:
1. On Crop Land, Reclamation has been performed and the DPS Director has determined
there has been no significant unrestored subsidence over two growing seasons.
2. On Non -Crop Land, Reclamation has been performed and disturbed areas have been
either built on, compacted, covered, paved, or otherwise stabilized in such a way as to
Minimize Erosion to the extent practicable, or a uniform vegetative cover has been
established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses
with total percent plant cover of at least eighty percent (80%) of pre -disturbance or
Reference Area levels, excluding noxious weeds, as determined by the DPS Director.
The DPS Director shall consider the total cover of live perennial vegetation of adjacent
or nearby undisturbed land, not including overstory or tree canopy cover, having similar
soils, slope and aspect of the reclaimed area.
3. Disturbances resulting from flow line installations shall be deemed adequately reclaimed
when the disturbed area is reasonably capable of supporting the pre -disturbance Land
Use.
53
4. The Operator has notified the DPS Director describing the final Reclamation procedures,
any changes, if applicable, in the landowner's designated final Land Use, and any
mitigation measures associated with final Reclamation performed by the Operator, and a
final Reclamation inspection has been completed by DPS, there are no outstanding
compliance issues as determined by the DPS Director.
C. Final Reclamation of all disturbed areas shall be considered complete when all activities
disturbing the ground have been completed, and all disturbed areas have been either built
upon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize
Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or
Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty
percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, or
equivalent permanent, physical erosion reduction methods have been employed. Re-
seeding alone is insufficient.
54
Appendix 21-A
CONCENTRATION LEVELS'
Contaminant of
Concern
Concentrations
Organic Compounds
in Soil
TPH
(total
volatile
and extractable
petroleum
500
mg/kg
hydrocarbons)
Benzene
0017
mg/kg2
Toluene
85 mg/kg2
Ethylbenzene
100
mg/kg2
Xylenes
(total)
175
mg/kg2
Acenaphthene
1,000
mg/kg2
Anthracene
1,000
mg/kg2
Benz(a)anthracene
0.22
mg/kg2
Benzo(b)fluoranthene
0.22
mg/kg2
Benzo(k)fluoranthene
2.2
mg/kg2
Benzo(a)pyrene
0.022
mg/kg2
Chrysene
22
mg/kg2
Dibenzo(a,h)anthracene
0.022
mg/kg2
Fluoranthene
1,000
mg/kg2
Fluorene
1,000
mg/kg2
Indeno(1,2,3,c,d)pyrene
0.22
mg/kg2
Naphthalene
23
n
g/kg2
Pyrene
1,000
mg/kg2
Organic Compounds
in Ground
Water
Benzene
5
❑g/13
Toluene
560
to 1,000
❑g/13
Ethylbenzene
700
g/I3
Xylenes
(Total)
1,400 to
10,000
g/I3-4
r N $ v , R Z t .4 f.. dpF
rya .. 4�
norga n i i cs n Soils
Electrical
Conductivity
(EC)
<4 mmhas/cm
or 2x
background
Sodium
Adsorption
Ratio (SAR)
<125
pH
6-9
Inorganics in Ground
Water
Total
Dissolved
Solids
(IDS)
<1.25 x background3
Chlorides
<1.25 x background3
Sulfates
<1.25 x
background3
Metals
in Soils
Arsenic
0.39 mg/kg2
Barium
(LDNR
True
Total Barium)
15,000 mg/kg2
Boron
(Hot
Water Soluble)
2 mg/I3
Cadmium
70 mg/kg3,6
Chromium
(III)
120,000
mg/kg2
Chromium
(VI)
23 mg/kg2,6
Copper
3,100 mg/kg2
Lead
(inorganic)
400 mg/kg2
Mercury
23 mg/kg2
55
Nickel (soluble salts)
Selenium
1,600 mg/kg2-6
390 mg/kg2'6
Silver
390 mg/kg2
Zinc
23,000 mg/kg2,6
liquid Hydrocarbons in Soils and Ground Water
Liquid hydrocarbons including condensate and oil
Below detection level
COGCC recommends that the latest version of EPA SW 846 analytical methods be used where possible and that analyses
of samples be performed by laboratories that maintain state or national accreditation programs.
1 Consideration shall be given to background levels in native soils and ground water.
2 Concentrations taken from CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007).
3 Concentrations taken from CDPHE-WQCC Regulation 41 - The Basic Standards for Ground Water.
4 For this range of standards, the first number in the range is a strictly health -based value, based on the
WQCC's established methodology for human health -based standards. The second number in the range is a maximum
contaminant level (MCL), established under the Federal Safe Drinking Water Act which has been determined to be an
acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account. The
WQCC intends that control requirements for this chemical be implemented to attain a level of ambient water quality that is at
least equal to the first number in the range except as follows: 1) where ground water quality exceeds the first number in the
range due to a release of contaminants that occurred prior to September 14, 2004 (regardless of the date of discovery or
subsequent migration of such contaminants) clean-up levels for the entire contaminant plume shall be no more restrictive than
the second number in the range or the ground water quality resulting from such release, whichever is more protective, and 2)
whenever the WQCC has adopted alternative, site -specific standards for the chemical, the site -specific standards shall apply
instead of these statewide standards.
5 Analysis by USDA Agricultural Handbook 60 method (20B) with soluble cations determined by method (2). Method (20B) =
estimation of exchangeable sodium percentage and exchangeable potassium percentage from soluble cations. Method (2) =
saturated paste method (note: each analysis requires a unique sample of at least 500 grams). If soils are saturated, USDA
Agricultural Handbook 60 with soluble cations determined by method (3A) saturation extraction method.
6 The table value for these inorganic constituents is taken from the CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values
(December 2007). However, because these values are high, it is possible that sitespecific geochemical conditions may exist
that could allow these constituents to migrate into ground water at levels exceeding ground water standards even though
the concentrations are below the table values. Therefore, when these constituents are present as contaminants, a secondary
evaluation of their leachability must be performed to ensure ground water protection.
56
CHAPTF,R 21 — Areas and Activities of State Interest
ARTICLE, I — Administrative Regulations
Division 1 — Introductory and General Provisions.
Sec. 21-1-10. — Title and citation.
The regulations found in this Chapter 21 may be referred to generally as the
Section 1041 Regulations, unless the specific regulations adopted for the
designated area or activity of state interest has a designated name for that article of
this Chapter 21. All citations hereto shall be with reference to the Section numbers
of the Weld C unty Code, as set f.rth herein.
Sec. 21-1-20. — Purpose and findings.
Aa Pu :. ose and intent. The purpose and intent of the Section 1041 Regulations
is to facilitate identification, designation and administration of matters of
state interest consistent with fie statutory requirements and criteria set forth
in Section 24-65.1-101, et seq., C.11 S o y Gueeines for Idea
and
½1es of State Interest approved by the
Findings. With respect to these Section 1041 Regulations, the Board of
County commissioners finds as follows:
2-1. The Section 1041 regulations are necessary because of the intensity of
current and foreseeable dcvelopment pressures on and within the County
and to promote the health, safety and welfare of the citizens and to
protect the environment and wildlife of Weld County; -7
42. The Section 1041 Regulations apply to the entire unincorporated territory
of the County; and -
1
2019-2137
5 3 o The Section 104 liegulations interpret and apply to any regulations
adopted for specific areas of state interest and specific activities of state
interest which have been or may be designated by the .hoard of County
e
CCommissionerso
Sec, 21-1-30. — Legal authority.
The Sec t 041 Regulations are authorized by and through the Colorado
Areas and Activities of S:ate interest Act ("AASiS"), C.R.S. §§ 24-65.- -101
seq.; the Colorado _ ocal Government Land Use Enabling Act, C. .S. §§ 29-20-
101, e t seq., including, without limitation, C.R.S. §29=201O4; the County Planning
and 3u° ;ding Code stayutes set forth in C.R.S. Title 30, Article 28; and the powers
and authorities conferred upon home rule counties set forth in C.R.S. ' _ `Lie 30,
Antic e 35, including authority to adopt the weld County Home d(ule C
Tarter to
ensure self=d.e t errs i_a-lion and to promote he T Teall, safety, security and general
welfare of
the peop
, et seq. 72
0
Lien 1041
health, safety and w
Sec. ?.
-1-400 App
e of Weld County09
icabi
0
ity0
fare.
L-65.1 101—t
The Secti n 041 Regulations shall apply to all proceedings concerning
identification and designati n of any developments in any area of state interest or
any activity of state interest which has been or may hereafter be designated by the
B card of County Commissioners, and the control of development in any such area
or activity within the County, unless specifically excepted pursuant to the
Drovisions of the regulations in the applicable Article of this Chapter 21.
Sec. 21-1-50. - Exerp
O
onso
The portions of tie con 1041 Regulations authorized exclusively under
section 24-65.1-101, et seq., COROSO, shall not app =y to any development in an area
of state interest or any activity of state interest which meets any one (1) of the
following conditions, as of May 17, 1974: (a) the specific development or activity
was covered by a current building perrit issued by the County; (b) the specific
development or activity had been approved by the electorate of the County, or (c)
the specific development or activity is to be on : and: (i) which has '3een
condIltiona y or finally approved by the County for planned unit development or
2
for a use substantially the same as planned unit development; (ii) which has been
zoned by the County for the use contemplated by such development or activity; or
(iii) with respect to which a development plan has been conditionally or finally
approved by the County.
Sec. 21-1-60. — Relationship of ,, action 1041 Regulations to other county, state and
federal requirements.
A. More restrictive County standards or requirements control. Whenever the
Section 1041 Regulations are found to be inconsistent with any other
applicable resolution, ordinance, code, regulation or other enactment of the
County, the enactment imposing the more restrictive standards r
requirements shall control.
Bo statutory criteria in Sections 24-65A-202 and 24-65.1-204, C.R.S., control if
the Section 1041 egulations are less stringent. In the event the Section
1041 Regulations are found to be less stringent than the statutory criteria for
administration of matters of state interest set forth in Sections 24-65.1-202
and 24-65.1-204, C.R.S., the statutory criteria shall control.
C. The Section 1041 egulations control if statutory criteria less stringent in
Sections 24-65,1-202 and 24-65.1-204, C. So In the event the Section 1041
Regulations are found to be more stringent than the statutory criteria for
administration of matters of state interest set forth in Sections 24-65,1-202
and 24-65.1-204, C.R.S., these Section 1041 Regulations shall control
pursuant to the authority of Section 24-65.1-402(3)., C.R.S.
D. The Section 1041 Regulations set forth in Article V Chapter 21 control in
cases of overlapping requirements of this Code. here the Seetion 1041
Regulations set for� in Article V of Chapter 21 overlap with other
applicable regulations in this Code, then the 1041 Regulations set forth in
Article V of Chapter 21 contraL
the Secti
a
applicable County require
a
•
a
egulations shall control, and a set
a
3
arate
regulations shall be followed
a
1* The S action 1041 Regulations are in addition to, and not in lieu of, other
regulations of the County. The Section 1041 Regulations are intended to be
applied in addition to, and not in lieu of, all other regulations of the County,
including, without limitation, the zoning, subdivision, planned unit
development, regional urbanization area, intergovernmental agreement,
individual sewage disposal system and Comprehensive Plan portions of this
Code.
9
O
LA`s A
0
`t requirements included in the Section 1041
e
e
formmce with all applicable
OF. Other governmental agencies. In the event that any political subdivision,
agency, instrumentality or corporation of the State of Colorado or the United
States government, or an entity regulated by such a designated governmental
unit, seeks to conduct a designated area or activity of state interest in the
County, the intent of the Section 1041 Regulations is that the Board of
County Commissioners shall exercise its authority pursuant to the Section
1041 egulations and state statutes to the maximum extent allowable
consistent with federal and state law and regulations.
Sec. 21-1-70. — Duties of Board of County Commissioners.
Unless otherwise specifically provided for, it shall be the duty of the Board of
County Commissioners to perform all of the functions set forth in this Article I,
and those specified in Articles II, and III, and IV of this Chapter 21. The Board of
County Commissioners shall also be generally empowered to hear appeals from
any person aggrieved by any decision of the Planning Director made in the course
of administering these Section 1041 Regulations. Any such appeal shall follow the
appeals procedure set forth in Section 2-4-10 of this Code.
Sec. 21-1-90. — Definitions.
The words and terms used in these Section 1041 Regulations for administration
of areas and activities of state interest shall have the meanings set forth below,
unless the context requires otherwise:
Designation: Only that legal procedure specified by Section 24-65.1-401 et
seq., C.R.S., and specified in this Article I as carried out by the Board of County
Commissioners.
4
Development: Any construction or activity which changes the basic character or
the use of the land upon which the construction r activity occurs, as determined in
accordance with the provisions of Chapter 23 of this Code.
Division 2 — Designation of Matter of State Interest,
Sec. 21-1-210. — Public hearing required.
C.
(Repealed.)
submits a formal
Sec. 21-1-220. — Notice of public hearing, mailing list, publication.
Co At least thirty (30) days but no more than sixty (60) days before the public
hearing, the Board of County Commissioners shall publish the notice one (1)
time in the newspaper of general circulation in the County designated by the
Board as the County legal newspaper and shall mail the notice by first class
mail to each of the following:
State and federal
agencies, as deemed appropriate in the discretion of the Board of County
Commissioners.
Sege 21-1-230. — Matters to be considered at designation hearing.
At the public hearings on designation, the Planning Commission, to the extent
applicable, and the Board of County Commissioners shall consider such evidence
as they deem appropriate, including, but not limited to, testimony and documents
addressing the following considerations:
B. The matters and considerations set forth in any applicable guidelines for
Commission.
5
Sec. 21-1-260. - Adoption of designation and regulations.
E Adoption of regulations adopted after designation of a matter of State
interest shall be enacted by Cede amendment through adoption of a Code
ordinance change.
Sete 21-1-270. — Submission of material to Col
(Repealed0)
O
0
Cow
A BAs S:
J `llJ n s 0
0-(419
Co
i-gnation order, al
Li
ti - i e4
recommendations
0
0
0
ire fcot ty
11
Q
}4y C
!the Board of County
e
i
B
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1 -mil' Li e
Sec, 21-1-290. — Effect of designation - moratorium until final determination.
A Except for the 1041 WOGLA Permit regulations and procedures set forth in
Article V of this Chapter 21, after a matter of state interest is designated pursuant
herein, no pe�°son shall engage in development in such area and no such activity
shall be cnclucted until the designation and regulations for such area or activity
are finally determined as required by Section 24-65.1-404(4), C.ROSO
ARTICLE II — Permit Regulations
The permit regulations set forth in this Article II shall not apply to the
regulations and procedures regarding 1041 WOGLA Permits set forth in Article V
of this Chapter 21.
6
Division 5 - Administration, Enforcement and Penalties.
Sec. 21-2-500. - Enforcement and penalties.
Any person engaging in a development in a designated area of a state interest or
conducting a designated activity of state interest who does not obtain a permit
pursuant to these Section 1041 Regulations, who does not comply with perririt
requirements, or who acts outside the authority of the Section 1041 Permit, may be
enjoined by the County or the Colorado Land Use Commission from engaging in
such development or conducting such activity, and may be subject to such other
criminal or civil liability as may be prescribed by law.
ARTICLE III - Site Selection and Construction of Major Facilities of a Public
Utility
Division 2 - Designation of Site Selection and Construction of Major Facilities of a
Public Utility
Sec. 21-3-200. - Designation of site selection and construction of major facilities of
a public utility.
The Board of County Commissioners, having considered the intensity of current
and foreseeable development pressures, applicable Guidelines for Identification and
Designation adopted and issued by the Colorado Land Use Commission, and the
provisions and requirements of these Section 1041 Regulations, orders that the
designation of site selection and construction of major facilities of a public utility as
a matter of state interest made by the Board on May 16, 2001, is hereby ratified and
confirmed and that this activity shall be regulated pursuant to the provisions of this
Chapter.
Appendix 21-A
CONCENTRATION LEVELS'
Contaminant of Concern
Concentrations
Organic Compounds in Soil
TPH (total volatile and extractable petroleum
hydrocarbons)
500 mg/kg
Benzene
0.17 mg/kg2
Toluene
85 mg/kg2
Ethylbenzene
100 mg/kg2
Xylenes (total)
175 mg/kg2
Acenaphthene
1,000 mg/kg2
Anthracene
1,000 mg/kg2
Benz(a)anthracene
0.22 mg/kg2
Benzo(b)fluoranthene
0.22 mg/kg2
Benzo(k)fluoranthene
2.2 mg/kg2
Benzo(a)pyrene
0.022 mg/kg2
Chrysene
22 mg/kg2
Dibenzo(a,h)anthracene
0.022 mg/kg2
Fluoranthene
1,000 mg/kg2
Fluorene
1,000 mg/kg2
Indeno(1,2,3,c,d)pyrene
0.22 mg/kg2
Naphthalene
23 mg/kg2
Pyrene
1,000 mg/kg2
Organic Compounds in Ground Water
Benzene
5 ❑g/I3
Toluene
560 to 1,000 ❑g/I3
Ethylbenzene
700 ❑g/I3
Xylenes (Total)
1,400 to 10,000 ❑g/I3,4
Inorganics in Soils
Electrical Conductivity (EC)
<4 mmhos/cm or 2x background
Sodium Adsorption Ratio (SAR)
<125
pH
6-9
Inorganics in Ground Water
Total Dissolved Solids (TDS)
<1.25 x background3
Chlorides
<1.25 x background3
Sulfates
<1.25 x background3
Metals in Soils
Arsenic
0.39 mg/kg2
Barium (LDNR True Total Barium)
15,000 mg/kg2
Boron (Hot Water Soluble)
2 mg/I3
Cadmium
70 mg/kg3.6
Chromium (III)
120,000 mg/kg2
Chromium (VI)
23 mg/kg2,6
Copper
3,100 mg/kg2
Lead (inorganic)
400 mg/kg2
Mercury
23 mg/kg2
Nickel (soluble salts)
1,600 mg/kg2,6
Selenium
390 mg/kg2,6
Silver
390 mg/kg2
Zinc
23,000 rig/kg2'6
Liquid Hydrocarbons in Soils and Ground Water
Liquid hydrocarb::ns including condensate
and oil
Bel _y detection I vel
COGCC recommends that the latest version of EPA SW 846 analytical methods be used where possible and
that analyses of samples be performed by laboratories that maintain state or national accreditation programs.
1 Consideration shall be given to background levels in native soils and ground water.
2 Concentrations taken from CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007).
3 Concentrations taken from CDPHE-WQCC Regulation 41 - The Basic Standards for Ground Water.
4 For this range of standards, the first number in the range is a strictly health -based value, based on the
WQCC's established methodology for human health -based standards. The second number in the range is a maximum
contaminant level (MCL), established under the Federal Safe Drinking Water Act which has been determined to be an
acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account.
The WQCC intends that control requirements for this chemical be implemented to attain a level of ambient water quality
that is at least equal to the first number in the range except as follows: 1) where ground water quality exceeds the first
number in the range due to a release of contaminants that occurred prior to September 14, 2004 (regardless of the
date of discovery or subsequent migration of such contaminants) clean-up levels for the entire contaminant plume shall
be no more restrictive than the second number in the range or the ground water quality resulting from such release,
whichever is more protective, and 2) whenever the WQCC has adopted alternative, site -specific standards for the
chemical, the site -specific standards shall apply instead of these statewide standards.
5 Analysis by USDA Agricultural Handbook 60 method (20B) with soluble cations determined by method (2). Method
(20B) = estimation of exchangeable sodium percentage and exchangeable potassium percentage from soluble
cations. Method (2) = saturated paste method (note: each analysis requires a unique sample of at least 500 grams).
If soils are saturated, USDA Agricultural Handbook 60 with soluble cations determined by method (3A) saturation
extraction method.
6 The table value for these inorganic constituents is taken from the CDPHE-HMWMD Table 1 Colorado Soil Evaluation
Values (December 2007). However, because these values are high, it is possible that sitespecific geochemical
conditions may exist that could allow these constituents to migrate into ground water at levels exceeding ground
water standards even though the concentrations are below the table values. Therefore, when these constituents are
present as contaminants, a secondary evaluation of their leachability must be performed to ensure ground water
protection.
CHAPTER 21 — Areas and Activities of State Interest
ARTICLE V — Guidelines and Regulations for Oil and Gas Exploration and
Extraction in the Unincorporated Area of Weld County (Designated as Mineral
Resource Area of State Interest)
Division 1 — General and Introductory Provisions.
Sec. 21-5-10. — Purpose, intent and authority.
On June 10, 2019, pursuant to the provisions of Article I of this Chapter, the
Board of County Commissioners of Weld County designated the entire
unincorporated area of Weld County, Colorado, as a mineral resource (oil and gas)
area of state interest [the "Mineral Resource (Oil and Gas) Area"], through the
authority delegated to Local Governments in Section 24-65.1-202, C.R.S. Such
designation is contained in Section 21-5-200, below. The regulations (referred to
herein as "1041 WOGLA Regulations") set forth in this Article IV are also made
pursuant to the authority granted Weld County in the Colorado Areas and
Activities of State Interest Act ("AASIS"), Sections 24-65.1-101, et seq., C.R.S.;
the Colorado Local Government Land Use Enabling Act, Sections 29-20-101, et
seq., C.R.S., including, without limitation, Section 29-20-104, C.R.S.; the County
Planning and Building Code statutes set forth in Title 30, Article 28, C.R.S.; the
powers and authorities conferred upon home rule counties set forth in Title 30,
Article 35, C.R.S., including authority to adopt the Weld County Home Rule
Charter to ensure self-deteiliiination and to promote the health, safety, security and
general welfare of the people of Weld County; and all of the authorities granted to
Local Governments in Title 34, Article 60, C.R.S. and in particular all of the
amendments thereto included in S.B. 19-181. The purpose and intent of the 1041
WOGLA Regulations set forth in this Article III are to:
A. Encourage planned and orderly oil and gas development in Weld County;
B. Provide for the needs of agriculture, industry, commerce, residential
communities and recreation in future growth in Weld County;
C. Encourage uses of land and other natural resources which are in accordance
with their original character and adaptability in Weld County;
1
D. Conserve soil, water and agricultural resources; to protect vested water and
property rights; and to encourage the exploration and extraction of oil and
gas within the Mineral Resource (Oil and Gas) Area in Weld County;
E. Protect air quality in Weld County;
F. Protect the environment and wildlife in Weld County;
G. Promote the efficient and economic use of public resources in Weld County;
H. Protect and administer the Mineral Resource (Oil and Gas) Area in such a
manner as to permit the exploration and extraction of oil and gas and thereby
minimize waste, unless such exploration and extraction would cause
significant danger to public health, safety, welfare, environment and wildlife
in Weld County;
I. Balance the protection, mitigation of damage to and enhancement of
environmental resources with the exploration and extraction of oil and gas
within the Mineral Resource (Oil and Gas) Area in Weld County; and
J. Regulate the exploration and extraction of oil and gas within the Mineral
Resource (Oil and Gas) Area to balance the rights associated with property
ownership of mineral owners with the protection of the environment and
wildlife in Weld County and the health, safety and welfare of the citizens of
Weld County.
Sec. 21-5-20. — Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following
terms specific to the designation of site selection and construction of major
facilities of a public utility shall be construed to have the meanings set forth as
follows:
1041 WOGLA Permit: means a Weld Oil and Gas Location Assessment petttmit
issued pursuant to this Article V.
Applicant: means the person who applies for a 1041 Weld County Oil and Gas
Location Assessment ("1041 WOGLA") permit. The Applicant may be the
Surface Owner or Operator. The Applicant may be referred to herein as the "1041
WOGLA Permittee."
2
Barrel: means 42 (U.S.) gallons at 60° F at atmospheric pressure.
Base Fluid: means the continuous phase fluid type, such as water, used in a
hydraulic fracturing treatment.
Best Management Practices (BMP 's): means practices that are designed to
prevent or reduce impacts caused by Oil and Gas Operations to air, water, soil, or
biological resources, and to Minimize Adverse Impacts to public health, safety and
welfare, including the environment and Wildlife Resources.
Building Unit, for obtaining a 1041 WOGLA Permit, means a Residential
Building Unit; and every five thousand (5,000) square feet of building floor area in
commercial facilities or every fifteen thousand (15,000) square feet of building
floor area in warehouses that are operating and not riially occupied during working
hours.
Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas
Location as measured from the Oil and Gas Location's disturbance area boundary
in every direction.
Cement: means a powdery substance made with calcined lime and clay. It is
mixed with water to form mortar or mixed with sand, gravel, and water to make
concrete and may be measured in 94 -pound sacks.
Centralized E&P Waste Management Facility: means a facility, other than a
commercial disposal facility regulated by the Colorado Department of Public
Health and Environment, that (1) is either used exclusively by one owner or
Operator or used by more than one Operator under an operating agreement; and (2)
is operated for a period greater than three (3) years; and (3) receives for collection,
treatment, temporary storage, and/or disposal produced water, drilling fluids,
completion fluids, and any other exempt E&P Wastes that are generated from two
or more production units or areas or from a set of commonly owned or operated
leases. This definition includes oil -field naturally occurring radioactive materials
(NORM) related storage, decontamination, treatment, or disposal. This definition
excludes a facility that is permitted in accordance with COGCC Rule 903.
Chemicals(s): means any element, Chemical compound, or mixture of elements
or compounds that has its own specific name or identity such as a Chemical
3
abstract service number, whether or not such Chemical is subject to the
requirements of 29 C.F.R. Sectin 1910.1200(g)(2) (2011).
Child Care Center: means a Child Care Center as defined in Section 26-6-
102(5)y CMOS., that is in operation at the time of the 1041 WOGL Permit notice
pursuant to Section 21-5a320 ..9 below. A Child Care Center will include any
associated outdoor play areas adjacent to or directly accessible from the center and
is fenced or has natural barriers, such as hedges or stationary walls, at least four (4)
feet high demarcating its boundary.
Classafed Water Supply Segment: means perennial or intermittent streams,
which are surface waters classified as being suitable or intended to become suitable
for potable water supplies by the Colorado Water Quality Control Commission,
pursuant to the asic standards and Methodologies for Surface Water Regulations
(5 C.C. 1002-31).
COGCC: means the Oil and Gas Conservation Commission of the State of
Colorado.
Commercial Disposal Well Facility: means a facility whose primary objective is
disposal of Class II fluid waste (as defined in 40 C.F.R. §14406(b)) waste from a
third party for financial profit,
Completion: An Oil Well shall be considered completed when the first new oil
is produced through wellhead equipment into lease Tanks from the ultimate
producing interval after the production string has been run. A Gas Well shall be
considered crnpleted when the Well is capable of producing gas through wellhead
equipment from the ultimate producing zone after the production string has been
run. A dry hole shall be considered completed when all provisions of plugging are
complied with as set out in these rules. Any well not previously defined as an Oil
Well or Gas Well, shall be considered completed ninety (90) days after reaching
total depth. If approved by the DPI Director, a Well that requires extensive testing
shall be considered completed when the drilling rig is released or six months after
reaching total depth, whichever is later.
Comprehensive Drilling Plan: means a plan created by one or more Operator(s)
covering future Oil and Gas Operations in a defined geographic area within a
geologic basin, The Plan may (a) identify natural features of the geographic area,
including vegetation, Wildlife Resources, and other attributes of the physical
environment; (b) describe the pexatr's future Oil and Gas Operations in the area;
4
(c) identify potential impacts from such operations; (d) develop agreed -upon
measures to avoid, minimize, and mitigate the identified potential impacts; and (e)
include other relevant info' 'nation. A Comprehensive Drilling Plan must be
approved by the Department of Planning Services Director and shall be valid for a
period as established by the 1041 WOGLA Hearing Officer.
Container: means any portable device in which a hazardous material is stored,
transported, treated, disposed of, or otherwise handled. Examples include, but are
not limited to, drums, Barrels, totes, carboys, and bottles.
Crop Land: means lands which are cultivated, mechanically or manually
harvested, or irrigated for vegetative agricultural production, excluding range land.
Day: means calendar day.
Designated Setback Location: means any Oil and Gas Location upon which any
Well or Production Facility is or will be situated within, a Buffer Zone Setback
(1,000 feet), or an Exception Zone Setback (500 feet), or within one thousand
(1,000) feet of a High Occupancy Building Unit or a DOAA. The measurement
for determining any Designated Setback Location shall be the shortest distance
between the Oil and Gas Location and the nearest edge or corner of any Building
Unit, nearest edge or corner of any High Occupancy Building Unit, or nearest
boundary of any DOAA.
Designated Outside Activity Area ("DOAA'): means
1. An outdoor venue or recreation area, such as a playground, permanent sports
Field, amphitheater, or other similar place of public assembly owned or
operated by a Local Government, which the Local Government requests to
have established as a DOAA; or
2. An outdoor venue or recreation area, such as a playground, permanent sports
Field, amphitheater, or other similar place of public assembly where ingress
to, or egress from the venue could be impeded in the event of an emergency
condition at an Oil and Gas Location less than three hundred and fifty (350)
feet from the venue due to the configuration of the venue and the number of
persons known or expected to simultaneously occupy the venue on a regular
basis.
5
The 1041 WOGLA Hearing Officer shall determine whether to establish a
D AA any, if so, the appropriate boundaries for the DOAA based on the
totality of circumstances and consistent with the purposes of this Article V.
DPS: means the Weld County Department of Planning Services.
DPS Director: means the Director of the Weld County Department of Planning
Services.
Drilling Pits: means those Pits used during drilling operations and initial
Completion f a Well, and include:
1. Ancillary Pits used to contain fluids during drilling operations and initial
completion procedures, such as circulation Pits and water storage Pits.
2. Completion Pits used to contain fluids and solids produced during initial
Completion procedures, and not originally constructed for use in drilling
operations.
3. Flowback Pits used to contain fluids and solids produced during initial
Completion procedures.
eserve Pits used to store drilling fluids for use in drilling operations or
to contain Ii;8LP Waste generated during drilling operations and initial
C.mpletion procedures.
Exploration And Production Waste ('R&P Waste"): means those wastes
associated with operations to locate or remove oil or gas from the ground or to
remove impurities from such substances and which are uniquely associated with
and intrinsic to oil and gas exploration, development, or production operations that
are exempt from regulation under Subtitle C of the Resource Conservation and
ecovery Act (RCRA), 42 USC Sections 69219 et seq. For natural gas, primary
Field operations include those production -related activities at or near the wellhead
and at the gas plant (regardless of whether or not the gas plant is at or near the
wellhead), but prior to transport of the natural gas from the gas plant to market.
In addition, uniquely associated wastes derived from the production stream along
the gas plant feeder Pipelines are considered cC,iP Wastes, even of a change of
custody in the natural gas has occurred between the wellhead and the gas plant. In
addition, wastes uniquely associated with the operations to recover natural gas
from underground storage Fields are F P Iasie.
6
Field: means the general area which is underlaid or appears to be underlaid by
at least one pool; and "Field" shall include the underground reservoir or reservoirs
containing oil or gas or both. The words "Field" and "pool" mean the same thing
when only one underground reservoir is involved; however, "Field," unlike "pool,"
may relate to two or more pools.
Financial Assurance shall mean a surety bond, cash collateral, certificate of
deposit, letter of credit, sinking fund, escrow account, lien on property, security
interest, guarantee, or other instrument or method in favor of and acceptable to the
IMPS Director. The term encompasses general liability insurance.
Floodplain: means any land area susceptible to being inundated as a result of a
flood, including the area of land over which floodwater would flow from the
spillway of a reservoir. The FE:VIA-mapped Floodplains are shown on FEMA's
FIRM, FI and FBFM maps.
Howline: means a segment of pipe transferring oil, gas, or condensate between
a wellhead and processing equipment to the load point or point of delivery to a
U.S. Department f Transportation Pipeline and Hazardous Materials Safety
Administration or Colorado Public Utilities Commission regulated Gathering Line
or a segment of pipe transferring produced water between a wellhead and the point
of disposal, discharge, or loading. This definition of Ii`lowline does not include a
Gathering Line. The different types of Flowlines area
1. Wellhead Line: A Howline that transfers Well production fluids from an oil
or Gas Well to process equipment (e.g., separator, production separator,
Tank, heater treater), not including preconditioning equipment such as sand
traps and line heaters, which do not materially reduce line pressure.
2, Production Piping: A segment of pipe t gat transfers Well production fluids
from a wellhead line or production equipment to a Gathering Line or storage
vessel and includes the following:
am Production Line: A Flwline connecting a separatr to a meter, LAC'!',
Gathering Line;
b. Dump Line: A fi'lowline that transfers produced water, crude oil, or
cndensate to a storage Tank, Pit, or process vessel and operates at or
near atmospheric pressure at the Flowline's outlet;
"e Manifold Piping: A Flowline that transfers fluids into a piece of
Production Facility equipment from lines that have been joined together
to comingle fluids; and
d. Process Piping: All other piping that is integral to oil and gas exploration
and production related to an individual piece or a set of Production
Facility equipment pieces.
3. Off -Location Flowline: Flowline transferring produced fluids (crude oil,
natural gas, condensate, or produced water) from an Oil and Gas Location to
a Production Facility, injection facility, Pit, or discharge point that is not on
the same Oil and Gas Location. This definition also includes Flowlines
connecting to gas compressors or gas plants.
4. Peripheral Piping: A Flowline that transfers fluids such as fuel gas, lull gas,
instrument gas, or power fluids between oil and gas facilities for lease use.
5. Produced Water Hotivlane: A Flowline on the fail and Gas Location used to
transfer produced water for treatment, storage, discharge, injection or reuse
r Oil and Gas perations
A segment of pipe transferring only freshwater is not a Flowline.
Future School Facility: means a School Facility that is not yet built, but that the
School or School Governing Body plans to build and use for students and staff
within three years of the date the School or School Governing Body receives a
1041 WOGLA Permit notice pursuant to Section 21-5-320 B., below. To be
considered a Future School Facility, the following requirements must be satisfied:
1. For public, non -charter Schools, the School G veming body must affirm the
nature, timing, and location of the Future School Facility in writing; or
2. For charter Schools, the School must have been approved by the appropriate
School district or the State Charter School Institute, Section 22-30.5-505,
C�R.S., at the time it receives a 1041 WOGLA Permit notice pursuant to
Section 21-5-320 Bo, below, and the school Governing Body must affirm
the nature, timing, and location of the Future School Facility in writing; or
3. For private Schools, the School Governing body must be registered with tl��
Office of the Colorado Secretary of State at the time it receives a 1041
8
WOGLA Permit notice pursuant to Section 21-5-320 B., below, and must
provide documentation proving its registration with the Office of the
Colorado Secretary of State, its tax-exempt status, and its submitted Land
Use plans to the relevant Local Government building and planning office.
Gas Facility: means those facilities that process or compress natural gas after
production -related activities which are conducted at or near the wellhead and prior
to a point where the gas is transferred to a carrier for transport.
Gas Storage Well: means any Well drilled for the injection, withdrawal,
production, observation, or monitoring of natural gas stored in underground
formations. The fact that any such Well is used incidentally for the production of
native gas or the enhanced recovery of native hydrocarbons shall not affect its
status as a Gas Storage Well.
Gas Well: means a Well, the principal production of which at the mouth of the
Well is gas, as defined by the Colorado Oil and Gas Conservation Act ("the Act99)o
Gathering Line: means a gathering Pipeline or system as defined by the
Colorado Public Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part
4, (4 C.C.R. 723-4901) or a Pipeline regulated by the U.S. Department of
Transportation Pipeline and I Iazardous Materials safety Administration pursuant
to 49 C.F.R. Section 19582 or 192.8. 49 COI-CRO Section 195,2 or 192.E and 4
C.C.R. 723-4901 in existence as of the date of this regulation and does not include
later amendments. 49 C.F.R. Section 195,2 or 192.8 and 4 C.C.R. 7234901.
Additionally, 49 C.F.R. Section 195.2 or 192.8 may be found at
https://www.phrnsa0d.t0gov, and 4 C.C.R. 7234901 may be found at
https://www0sos.state0co.us.
Groundwater: means subsurface waters in a zone of saturation.
High Occupancy Building Unit: means
1. Any School, Nursing Facility as defined in Section 25,5-4-103(14), C,RoS.,
Hospital, Life Care Institutions as define in Section 12-13-1O1y COWSO, or
Correctional Facility as defined in Section 17-1-102(107), C 0R SO4 provided
the facility or institution regularly serves 50 or wore persons; or
2. An operating Child Care denier.
9
Hydraulic Fracturing Additive: means any chemical substance or combination
of substances, including any Chemicals and Proppants, that is intentionally added
to a base Fluid for purposes of preparing a hydraulic fracturing fluid for treatment
of a Well.
Hydraulic Fracturing Fluid: means the fluid, including the applicable Base
Fluid and all hydraulic fracturing additives, used to perform a hydraulic fracturing
treatment.
Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by
the application of hydraulic fracturing fluid under pressure that is expressly
designed to initiate or propagate fractures in a target geologic formation to enhance
production of oil and natural gas.
LACT ("Lease Automated Custody Transfer "): means the transfer of produced
crude oil or condensate, after processing or treating in the producing operations,
from storage vessels or automated transfer facilities to Pipelines or any other form
of transportation.
Land Application: means the disposal method by which E aste is spread
upon or sometimes mixed into soils.
Land Treatment: means the treatment method by which IALP Waste is applied
to soils and treated to result in a reduction of hydrocarbon concentration by
biodegradation and other natural attenuation processes. Land Treatment may be
enhanced by tilling, disking, aerating, composting and the addition of nutrients or
microbes.
Large UMA Facility: means any Oil and Gas Location proposed to be located in
an Urban Mitigation Area and on which:
1. The perator proposes to drill eight (8) or more new Wells; or
20 "N'he cumulative new and existing on -site storage capacity for produced
hydrocarbons exceeds four -thousand (4,000) Barrels.
Local Government: means a county (in this Article V other than Weld County),
home rule or statutory city, town, territorial charter city or city and county, or any
special district established pursuant to the Special District Act, Sections 324-101
to 32-11-807 (2013) C.R.S.
10
Local Governmental Designee ("LGD"): means the office designated to
receive, on behalf of the Local Government, copies of all documents required to be
filed with the LGD pursuant to these rules.
Minimize Adverse Impacts: means, wherever reasonably practicable, to avoid
adverse impacts to Wildlife Resources or significant adverse impacts to the
environment from Oil and Gas Operations, minimize the extent and severity of
those impacts that cannot be avoided, mitigate the effects of unavoidable
remaining impacts, and take into consideration cost-effectiveness and technical
feasibility regarding actions and decisions taken to Minimize Adverse Impacts.
Minimize Erosion: means implementing BMPs that are selected based on site
specific conditions and maintained to reduce erosion. Representative erosion
control practices include, but are not limited to, revegetation of disturbed areas,
mulching, berms, diversion dikes, surface roughening, slope drains, check dams,
and other comparable measures.
Mitigation with respect to Wildlife Resources means measures that compensate
for adverse impacts to such resources, including, as appropriate, habitat
enhancement, on -site habitat mitigation, off -site habitat mitigation, or mitigation
banking.
Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or
disposal of E&P Wastes generated from more than one (1) Well that do not
constitute a Centralized E&P Waste Management Facility and that will be in use
for no more than three (3) years.
Multi -Well Site: means a common Well pad from which multiple Wells may be
drilled to various bottom -hole locations.
Municipal Separate Storm Sewer System (MS4): means an area defined by the
Federal Environmental Protection Agency (EPA) in 40 CFR 122 as defined in
Chapter 8, Article IX of this Code.
Non -Crop Land: means all lands which are not defined as Crop Land, including
range land.
Oil and Gas Facility: means equipment or improvements used or installed at an
Oil and Gas Location for the exploration, production, withdrawal, treatment, or
11
processing of crude oil, condensate, EiS P Waste, or gas; excluding Pipeline -
natural gas and Pipeline - petroleum products other than natural gas, as those
terms are defined in Chapter 23 of this Code, and all other Pipelines and
Flowlines used or installed at the Oil and Gas Facility.
Oil and Gas Location: means a definable area where an Operator has disturbed
or intends to disturb the land surface to locate an Oil and Gas Facility for the
purposes of obtaining a 1041 WOGLA.
Oil and Gas Operations: means exploration for and extraction of oil and gas,
including, but not limited to, conducting seismic operations and the drilling of test
bores; siting, drilling, deepening, recompleting, reworking, or abandoning a Well;
producing operations related to any Well, including installing Flowlines; the
generating, transporting, storing, treating, or disposing exploration and production
wastes; and any constructing, site preparing, or reclaiming activities associated
with such operations.
Oil Well: means a Well, the principal production of which at the mouth of the
Well is oil, as defined by the Act,
Operator: means any person who exercises the right to control the conduct of
11 and Gas perations. An Operator may be an Applicant fora 1041 W °COLA
Permit. The Operator may be referred to herein as the "1041 WGLA Permittee."
Owner: means the person who has the right to drill into and produce from a
pool and to appropriate the oil or gas produced therefrom either for such Owner or
others or for such Owner and others, including Owners of a Well capable of
producing oil or gas, or both.
Pipeline, for tiis Article V, means a Flowline, crude oil transfer line r
Gathering Line as defined herein.
Pit: means any natural or man-made depression in the ground used for oil r gas
exploration or production purposes. Pit does not include steel, fiberglass, cncrete
or other similar vessels which do not Release their contents to surrounding soils.
Plugging and Abandonment (1'&A): means the cementing of a Well, the
removal of its associated production facilities, the abandonment of its Flowline(s),
and the TZemediation and Reclamation of the `vellsite.
12
Point of Compliance: means one or more points or locations at which
compliance with applicable Groundwater standards established under Water
Quality Control Commission Basic Standards for Groundwater, Section 3.11.4,
must be achieved.
Pollution: means man-made or man -induced contamination or other
degradation of the physical, Chemical, biological, or radiological integrity of air,
water, soil, or biological resource.
Production Facility: means any storage, separation, treating, dehydration,
artificial lift, power supply, compression, pumping, metering, monitoring,
Flowline, and other equipment directly associated with a Well.
Proppant: means sand or any natural or man-made material that is used in a
hydraulic fracturing treatment to prop open the artificially created or enhanced
fractures once the treatment is completed.
Public Water System: means those systems shown and/or listed in Appendix VI
of the COGCC Rules. These systems provide to the public water for human
consumption through pipes or other constructed conveyances, if such systems have
at least fifteen (15) service connections or regularly serve an average of at least
twenty-five (25) individuals daily at least sixty (60) days out of the year. Such
definition includes:
1. Any collection, treatment, storage, and distribution facilities under control of
the Operator of such system and used primarily in connection with such
system.
2. Any collection or pretreatment storage facilities not under such control,
which are used primarily in connection with such system.
The definition of "Public Water System" does not include any "special
irrigation district," as defined in Colorado Primary Drinking Water Regulations
(5 C.C.R. 1003.1).
Reclamation: means the process of returning or restoring the surface of
disturbed land as nearly as practicable to its condition prior to the commencement
of Oil and Gas Operations or to landowner specifications.
13
Reference Area: means an area either (1) on a portion of the site that will not be
disturbed by Oil and Gas Operations, if that is the desired final Reclamation; or (2)
another location that is undisturbed by Oil and Gas Operations and proximate and
similar to a proposed Oil and Gas Location in terms of vegetative potential and
management, owned by a person who agrees to allow periodic access to it by the
hector and the Operator for the purpose of providing baseline information for
Reclamation standards, and intended to reflect the desired final Reclamation.
Release: means any unauthorized discharge of E&P Waste to the environment
ver time.
1Zemedaataono means the process of reducing the concentration of a contaminant
or contaminants in water or soil to the extent necessary to ensure compliance with
the concentration levels in Appendix 21-A and other applicable ground water
standards and classifications.
Reserve Pits: means those Pits used to store drilling fluids for use in drilling
operations or to contain E&P Waste generated during drilling operations and initial
Completion procedures.
Residential uilding Zlnit. means a building or structure designed for use as a
place of residency by a person, a family, or families. The term includes
manufactured, mobile, and modular homes, except to the extent that any such
manufactured, mobile, or modular home is intended for temporary occupancy or
for business purposes.
Responsible arty: means an owner or operator who conducts an oil and gas
operation in a manner which is in contravention of any then -applicable provision of
the Act, or of any rule, regulation, or order of the Commission, or of any permit, that
threatens to cause, or actually causes, a significant adverse environmental impact to
any air, water, soil, or biological resource. RESPONSIBLI PARTY includes any
person who disposes of any other waste by mixing it with exploration and production
waste so as to threaten to cause, or actually cause, a significant adverse
environmental impact to any air, water, soil, or biological resource.
Restricted Surface Occupancy Area: means the wildlife habitat areas in field
County shown in ppendix VII to the COGCC Rules. Any changes to Restricted
Surface Occupancy Areas shall not affect 1041 Wi;::!GLA Permits approved prior to
the effective date of any changes to said Appendix VII.
14
Riser: means the component of a Flowline transitioning from below grade to
above grade.
School: means any operating Public School as defined in Section 22-7-703(4),
C.R.S., including any Charter School as defined in Section 22-30.5-103(2), C.R.S.,
or Section 22-30.5-502(6), C.R.S., or Private School as defined in Section 22-30.5-
103(6.5) C.R.S.
School Facility: means any discrete facility or area, whether indoor or outdoor,
associated with a School, that students use commonly as part of their curriculum or
extracurricular activities. A School Facility is either adjacent to or owned by the
School or School Governing Body, and the School or School Governing Body has
the legal right to use the School Facility at its discretion. The definition includes
Future School Facility.
School Governing Body: means the School district board or board of directors
for public Schools or the board of trustees, board of directors, or any other body or
person charged with administering a private School or group of private Schools, or
any -body or person responsible for administering or operating a Child Care Center.
A School Governing Body may delegate its rights under these rules, in writing, to a
superintendent or other staff member, or to a principal or senior administrator of a
School that is in proximity to the proposed Oil and Gas Location.
Sensitive Area: means an area vulnerable to potential significant adverse
Groundwater impacts, due to factors such as the presence of shallow Groundwater
or pathways for communication with deeper Groundwater; proximity to surface
water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation
canals, and wetlands. Additionally, areas classified for domestic use by the
Colorado Water Quality Control Commission, local (water supply) wellhead
protection areas, areas within one -eighth (1/8) mile of a domestic water Well, areas
within one -quarter (1/4) mile of a public water supply Well, ground water basins
designated by the Colorado Ground Water Commission, and surface water supply
areas are Sensitive Areas. When the Operator or DPS Director has data that
indicate an impact or threat of impact to ground water or surface water, the DPS
Director may require the Operator to make a Sensitive Area determination and that
determination shall be subject to the DPS Director's approval. The Sensitive Area
determination shall be made using appropriate geologic and hydrogeologic data to
evaluate the potential for impact to ground water and surface water, such as soil
borings, monitoring Wells, or percolation tests that demonstrate that seepage will
not reach underlying ground water or Waters of the State and impact current or
15
future uses of these waters. Operators shall submit data evaluated and analysis
used in the determination to the IFS Director. Operations in Sensitive Areas shall
incorporate adequate measures and controls to prevent significant adverse
environmental impacts and ensure compliance with the concentration levels in
Appendix 21-A, with consideration to WQCC standards and classifications.
Sensitive Wild4fe Habitat: means the wildlife habitat areas in Weld County
shown in Appendix VIII to the COGCC Rules. Any changes to Restricted Surface
Occupancy Areas shall not affect 1041 WOGL Permits approved prior to the
effective date of any changes to said Appendix VIII to the COGCC Rules.
Solid Waste: means any garbage, refuse, sludge from a waste treatment plant,
water supply plant, air pollution control facility, or other discarded material;
including solid, liquid, semisolid, or contained gaseous material resulting from
industrial operations, commercial operations, or community activities. Solid Waste
does not include any solid or dissolved materials in domestic sewage, or
agricultural wastes, or solid or dissolved materials in irrigation return flows, or
industrial discharges which are point sources subject to permits under the
provisions of the Colorado Water Quality Control Act, Title 25, Article 8, CS.
or materials handled at facilities licensed pursuant to the provisions on radiation
c ntrol in Title 25, Article 11, C.R.S. Solid Waste does not include: (a) materials
handled at facilities licensed pursuant to the provisions on radiation control in Title
25, Article 11, C. .S.; (b) excluded scrap metal that is being recycled; or (c)
shredded circuit boards that are being recycled.
Solid Waste Disposal: means the storage, treatment, utilization, processing, or
final disposal of Solid Wastes.
Special Purpose Pits: means Pits used in Oil and Gas Operations, including Pits
related to produced water Flowlines or associated with M _ a,P Waste from gas
gathering, processing and storage facilities, which constitute:
1 Slowdown Pits used to collect material resulting from, including but not
limited to, the emptying or depressurising of Wells, vessels, or Flowlines, or
h&P Waste from gathering systems.
2. Flare Pits used exclusively for flaring gas.
I Emergency Pits used to contain liquids during an initial phase of emergency
response operations related to a Spill/Release or process upset conditions.
16
4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the
extraneous materials in crude oil which may settle to the bottoms of Tanks
or production vessels and which may contain residual oil.
5. Workover Pits used to contain liquids during the performance of remedial
operations on a producing Well to increase production.
6. Plugging Pits used for containment of fluids encountered during the
plugging process.
Spill: means any unauthorized sudden discharge of E&P Waste to the
environment.
Stormwater Runoff means rain or snowmelt that flows over land and does not
percolate into soil and includes stormwater that flows onto and off an Oil and Gas
Location or Oil and Gas Facility, being more specifically defined in Chapter 8 of
this Code.
Stratigraphic Well: means a Well drilled for stratigraphic infoiiiiation only.
Wells drilled in a delineated Field to known productive horizons shall not be
classified as "stratigraphic." Neither the term "Well" nor "Stratigraphic Well"
shall include seismic holes drilled for obtaining geophysical information only.
Surface Owner: means any person owning all or part of the surface of land upon
which Oil and Gas Operations are conducted, as shown by the tax records of the
county in which the tract of land is situated, or any person with such rights under a
recorded contract to purchase.
Surface Use Agreement ("SUA "): means any agreement in the nature of a
contract or other form of document binding on the Operator, including any lease,
damage agreement, waiver, Local Government approval or pei remit, or other form of
agreement, which governs the Operator's activities on the surface in relation to
locating a Well, Multi -Well Site, Production Facility, Pipeline or any other Oil and
Gas Facility that supports oil and gas development located on the Surface Owner's
property.
Surface Water Intake: means the works or structures at the head of a conduit
through which water is diverted from a Classified Water Supply Segment and/or
source (e.g., river or lake) into the treatment plant.
17
Surface Water Supply Area: means the Classified Water Supply Segments
within five (5) stream miles upstream of a Surface Water Intake on a Classified
Water Supply Segment. Surface Water Supply Areas shall be identified on the
Public Water System Surface Water Supply Area Map.
Tank: means a stationary vessel constructed of non -earthen materials (e.g
concrete, steel, plastic) that provides structural support and is designed and
operated to store produced fluids or I4;BLP Waste. Examples include, but are not
limited to, condensate Tanks, crude oil Tanks, produced water Tanks, and gun
Barrels. Exclusions include Containers and process vessels such as separators,
heater treaters, free water knockouts, and slug catchers.
Urban Mitigation Area ("UMA"): means an area where: (A) At least twenty-
two (22) Building Units or one (1) High Occupancy Building Unit (existing or
under construction) are located within a one -thousand (1,000) foot radius of the
proposed Oil and Gas Location; or (B) At least eleven (11) Building Units or one
(1) High Occupancy Building Unit (existing or under construction) are located
within any semi -circle of the one -thousand (1,000) foot radius mentioned in
subsection (A) above.
Use: means any purpose for which a structure or a tract of land may be
designed, arranged, intended, maintained or occupied; also, any activity,
occupation, business or operation which is carried on in or on a structure or on a
tract of land.
Waters of the State: means waters pursuant to and consistent with Colorado
Revised Statutes and Federal regulations enacted pursuant to the Federal Clean
Water Act.
Well, when used alone in these regulations, means an oil r Gas Well, a hole
drilled for the purpose of producing oil or gas, a Well into which fluids are
injected, a Stratigraphic Well, a Gas Storage Well, or a Well used for the purpose
of monitoring or observing a reservoir.
Well Site: means the areas that are directly disturbed during the drilling and
subsequent operation of, or affected by production facilities directly associated
with, any Oil Well, Gas Well, or injection Well and its associated Well pad.
Wildcat (Exploratory) Well means any Well drilled beyond the known producing
limits of a pool.
18
Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial
habitats.
All Other Words used herein shall be given their usual customary and accepted
meaning, and all words of a technical nature, or peculiar to the aril and gas industry,
shall be given that meaning which is generally accepted in said oil and gas
industry.
Seca 21-5-30. — Applicability and General pules,
A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041
WOGLA") requires aditional consideration to ensure the Oil and Gas
Facility and Oil and Gas Location are developed in a manner that complies
with various Development Standards set forth in Section 21-5-3201?. and
Division 4 of this Article V and provides compatibility with uses located
within one -thousand (13000) feet of the Oil and Gas Location (including
Schools and Child Care Centers within one -thousand three -hundred twenty
(1,320) feet of the Oil and Gas Location). The 1041 WOGLA Permit is
designed to protect and promote Weld County's environment and wildlife
and the health, safety, and welfare of the present and future residents of the
County.
A 1041 W GL A Permit is required after ugust 1, 2019, for the
construction of oil and gas facilities in all zone districts.
C. No ail and Gas Facility shall be constructed in any zone district until a 1041
WOGLA Permit has been granted by a 1041 OGLA Hearing Officer
pursuant to the procedures set forth in Section 21-5-350 of this Article V or
following appeal to the Board of County Commissioners pursuant to Section
2-4-10 of this Code. This applies to:
1. Any new Oil and Gas
location, meaning surface disturbance at a
previously undisturbed site;
2. Surface disturbance for purposes of modifying or expanding an existing
Oil and Gas Location; and
19
3. The addition of a Well or a Pit, except an emergency Pit or a flare Pit
where there is no risk of condensate accumulation, to any existing Oil
and Gas Location.
D. DPS shall not issue a building peimit for any Oil and Gas Facility in any
zone district until a 1041 WOGLA Permit has been granted.
E. No 1041 WOGLA Permit shall be required for:
1. An Oil and Gas Facility for which an application on a Foihi 2A has been
submitted to the COGCC on or before February 1, 2017.
2. Routine Well operations, including, but not limited to, swabbing,
workovers, refracs, recompletions and normal repairs and maintenance of
an existing Oil and Gas Facility.
3. Surface disturbance at an existing Oil and Gas Location within the
original disturbed area which does not have the effect of modifying or
expanding the Oil and Gas Facility or the Oil and Gas Location.
4. Repairs or maintenance of an Oil and Gas Facility required by a state or
federal compliance order.
F. Any person or an Operator filing an application for a 1041 WOGLA Permit
shall comply with the procedures and regulations set forth in this Article IV.
G. Any person or an Operator filing an application for a 1041 WOGLA Permit
shall comply with Article V and Article XI of Chapter 23 of this Code if the
proposal is located within any Overlay District Area or a Special Flood
Hazard Area identified by maps officially adopted by the County.
H. Applications for a 1041 WOGLA shall be completed as set forth in Section
21-5-320 of this Article V. The completed application and application fees
shall be submitted to the DPS.
I. The DPS may require an Applicant to submit an Improvements Agreement
for the construction of required improvements to mitigate impacts caused by
the Oil and Gas Facility. The Improvements Agreement shall be made in
conformance with the County policy for improvements and agreements and
must be approved by the Board of County Commissioners prior to operation.
20
J. The review, consideration and issuance of a 1041 WOGLA is an
administrative hearing process and is exempt from the definition of
development set forth in the agreements contained in Chapter 19 of the Weld
ounty Code. However, oil and gas exploration and extraction in field
bounty is not considered development as that term is defined in Section 24-
65.1-102(1), CAZ.S. As such, Section 24-65.1408, CCRSSQ, is inapplicable to
permitting of oil and gas development in Weld bounty.
K. Information regarding the status of or facts and circumstances regarding an
approved 1041 WOGLA Permit, including any desired changes or
modifications, may be transmitted by a 1041 WOGLA Permittee to the IMPS
Director via electronic means.
Sec. 21-5-40. — Relationship of 1041 WOGLA Regulations to other county, state,
and federal requirements affecting oil and gas exploration and extraction.
A. Nothing in these 1041 WOGLA A Regulations shall be construed as
exempting an applicant for a 1X41 WOGLA Permit from any other
requirements of this County.
As stated in Section 21-510, above, these CJL.l1 1041 Regulations are
written, in part, according to the authority granted exclusively to Local
Governments in Subsections 29-20-104(1)(g) and (1)(h), C.R.S., and are
intended to address the fallowing areas and topics regarding oil and gas
exploration and extraction in Weld County:
1. Land Use;
2e The location and siting of Oil and Gas Facilities and. Oil and Gas
Locations;
3. Impacts to public facilities and services;
Water quality and source, noise, vibration, odor, light, dust, air emissions
and air quality, land disturbance, .eclamation procedures, cultural
resources, emergency preparedness and coordination with first
responders, security, and traffic and transportation impacts;
5. Financial securities, indemnification, and insurance as appropriate to
ensure compliance with these 1041 WOGL Regulations;
9
6. All other nuisance -type effects of oil and gas development addressed in
these 1041 WOGL Regulations; and
7. Otherwise planning for and regulating the Use of land so as to provide
planned and orderly Use of land and protection of the environment in a
manner consistent with constitutional rights.
Because these 1041 WOGLA Regulations are written pursuant to the
authorities granted to Weld County in the AASIA and specifically the
express authorities set forth in Sections 24-65.1-202 and 24-65.1-402,
COROSO, to adopt guidelines and regulations governing oil and gas exploration
and extraction in Weld County, to the extent these 1041 WOGLA
Regulations are inconsistent with the regulations of the COGCC regarding
any of the areas and topics regarding oil and gas exploration and extraction
in Weld County listed above, these 1041 WOGLA Regulations control.
C. Pursuant to Section 34-60-131, CORDS., it is the intent of the Board of County
Commissioners to regulate oil and gas exploration and extraction in Weld
County cooperatively with the COGCC, deferring regulation of the areas and
topics regarding oil and gas exploration and extraction not addressed in these
1041 GI,A egulations to the COGCC�
Division 2 — Designation of area of state interest.
Sec. 21-5-200. — Designation of the entire unincorporated area of Weld County as
a mineral resource (oil and gas) area of state interest.
The Board of County Commissioners, having considered the intensity of current
and foreseeable development pressures; the Guidelines and Criteria for
Identification and Land -Use Controls of Geologic Hazard and Mineral Resource
Areas, Special Publication 06, Colorado Geological Survey / Dept. of Natural
Resources / enver, Colorado / 1974; the guidelines set forth in Section 24-65.1-
202, C.R0S0; and the provisions and requirements of these 1041 WOGL
Regulations, hereby orders that the designation of the entire unincorporated area of
Weld County as a mineral resource (oil and gas) area of state interest [the Weld
Mineral Resource (Oil and Gas) Area] made by the Board on June 10, 2019, is
hereby ratified and confirmed and that this activity shall be regulated pursuant to
the provisions of this Chapter.
22
Sec. 21-5-210. — Boundaries of area covered by designation.
The entire unincorporated area of Weld County has been designated as a
mineral resource (oil and gas) area and the exploration and extraction of oil and
gas within the area shall be subject to this designation and these 1041 WOGLA
Regulations.
Sec. 21-5-220. — Reasons for designation.
Because oil and gas resources are found throughout the unincorporated area of
Weld County and are being developed rapidly, the Board of County
Commissioners has designated the unincorporated area of Weld County as a
mineral resource (oil and gas) area:
A. To regulate oil and gas development in a manner that respects local values
protects the health, safety and welfare of Weld County's community and
environment;
B. To ensure coordination and compatibility of the often competing uses of oil
and gas exploration and extraction and agriculture;
C. To adequately plan for and properly mitigate the encroachment of residential
development upon Oil and Gas Operations; and
D. To have local oversight in Land Use planning decisions regarding oil and
gas exploration and extraction in Weld County.
Sec. 21-5-230. — No moratorium.
It is the intent of the Board of County Commissioners that no moratorium as
referred to in Section 24-65.1-404 (4), C.R.S., shall be in place during the reading
process of this Code amendment. Instead, during the reading process the current
WOGLA rules set forth in Division 10, Article 2 of Chapter 23 of this Code shall
be in effect until the effective date of this Code amendment.
Division 3 — 1041 WOGLA Permit Program for Oil and Gas Exploration and
Extraction in the Weld Mineral Resource (Oil and Gas) Area.
Sec. 21-5-300. — Prohibition on exploration or extraction of oil and gas within the
Weld Mineral Resource (Oil and Gas) Area without 1041 WOGLA Permit.
23
A. No person may explore or extract oil and gas within the Weld Mineral
Resource (Oil and Gas) Area without first obtaining a 1041 WOC'TL Permit
pursuant to these 1041 WOGLA Regulations.
No local authority, including the bounty, may issue a building permit for
purposes of exploration or extraction of oil and gas within the Weld Mineral
Resource (Oil and Gas) Area without the Applicant first having obtained a
1041 WOGLA Permit pursuant to these 1041 WOGLA Regulations.
Sec. 21-5-3100 — Procedural requirements.
The procedures concerning permit applications, notice, and conduct of 1041
OGLA Permit hearings, review of Board of County Commissioners decisions
and issuance and content of permits for exploration or extraction of oil and gas
within the Weld Mineral resource (Oil and Gas) Area shall comply with the
provisions set forth in this Article V.
Sep. 21-Sm320.
pplication requirements for 1041 WOGLA Permit.
A 1041 WOGLA Permit application shall be submitted to DPS for processing
and determination of whether the application is complete and in compliance with
the requirements of this Section. Up n the Applicant's or DPS Director's request,
made either before or after the submittal of the application, there may be an
application meeting between the Applicant and DPS, which may be accomplished
through a face-to-face meeting, electronic mail exchange, or conference call, as
determined by PS. The purpose of the application meeting is to give the
Applicant an opportunity to demonstrate, through written and graphic information,
how the Oil and Gas Facility complies with the standards set forth in this Section.
The following supporting documents shall be submitted as a part of the
application:
An application for a 1041 WOGLA Permit on a form supplied by PS. The
application shall include the following:
1. The name, address, and telephone number of the Applicant.
2. Legal description of the Oil and Gas Location under consideration.
3. Total acreage of the Oil and Gas I,cation.
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4. Existing Land Use of the property where the Oil and Gas Facility will be
located.
5. Present zone and overlay zones, if appropriate.
6. A finalized list of the Oil and Gas Facility components.
7. Signature of the Applicant.
B. Certification that notice of the application for the 1041 WOGLA Pei rnit has
been delivered to Building Unit owner(s) located within one -thousand
(1,000) feet or less of the Oil and Gas Location; to the Local Governments
whose boundaries are within one -thousand (1,000) feet or less of the Oil and
Gas Location; and to any School or Child Care Center within one -thousand
three -hundred twenty (1,320) feet or less from the Oil and Gas Location.
Such notice shall comply with the following:
The Applicant shall deliver a 1041 WOGLA Permit notice to the
following parties: Building Unit owners located within one -thousand (1,000)
feet of the Oil and Gas Location (as determined by Weld County Assessors
record at the time of notice); the Weld County LGD and the LGD's for
Local Governments located within one -thousand (1,000) feet or less of the
Oil and Gas Location; and the principal or senior administrator, and School
Governing Body of any School or Child Care Center located within one -
thousand three -hundred twenty (1,320) feet or less from the Oil and Gas
Location. The 1041 WOGLA Permit notice shall inform the recipients they
must respond in writing with comments and/or concerns to both the
Operator and the County within twenty-eight (28) days of receiving the
notice. Delivery of the 1041 WOGLA Permit notice shall occur not more
than six (6) months prior to submitting a COGCC permit application. The
1041 WOGLA Permit notice shall include the following infor nration:
1. The location and a general description of the proposed oil and gas
facilities.
2. The anticipated date operations will commence (by calendar quarter and
year).
3. A "notification zone" drawing showing the names and addresses of the
property owners and Local Governments whose properties or
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jurisdictional b.undaries are located within if -le -thousand three -hundred
twenty (1,320) feet of the Oil and Gas I ,ocation (including Schools and
Child Care Centers).
4. A proposed access map, including off -site haul route(s). The haul route
map shall show the proposed route back to the nearest County designated
collector or arterial roadway, or nearest highway.
5. A drawing showing the Oil and Gas Facility and disturbed areas. The
drawing shall be a scaled drawing, or scaled aerial photograph showing
the approximate outline of the Oil and Gas Location and all Wells and/or
production facilities used for measuring distances shall be attached. The
drawing shall include all visible improvements within one -thousand
three -hundred twenty (1,320) feet of the proposed Oil and Gas _ ,ocation,
with a horizontal distance and approximate bearing from the Oil and Gas
Facilities. Visible improvements shall include, but not be limited to, all
buildings and properties, publicly maintained roads and trails, fences,
above -ground utility lines, railroads, Pipelines or Pipeline markers,
mines, Oil Wells, Gas Wells, injection Wells, water wells known to the
Operator and those registered with the Colorado State Engineer, known
springs, plugged Wells, known sewers with manholes, standing bodies of
water, and natural channels, including permanent canals and ditches
through which water may flow. If there are no visible improvements
within one -thousand three -hundred twenty (1,320) feet of a proposed l
and Gas Location, it shall be so noted on the map. The Location
Drawing shall also include the proposed access(es) and proposed
mitigation measures.
6. A list of the Oil and Gas Facility components.
7. A statement that the notice recipient may request a meeting to discuss the
proposed Oil and Gas Facility by contacting the County or the Operator.
8. Operator and County contact information:
a. After notice is received, additional information or proof of notice may
be requested by the County. eased on site specific considerations, the
County may request that additional parties be included in the
notification.
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b. A Building Unit and/or property owner within one -thousand three -
hundred twenty (1,320) feet of a proposed Oil and Gas Location who
would be eligible to receive a 1041 WOGLA Permit notice may,
through letter delivered to the DPS Director, waive future receipt of
such notice(s).
9. A statement that the Applicant will consider reasonable mitigation
measures proposed by the notice recipient to address incremental impacts
of the proposed Oil and Gas Facility being a part of the cumulative
impacts caused by oil and gas development within the one -thousand
three -hundred twenty (1,320) foot radius of the proposed Oil and Gas
Location. To identify foreseeable oil and gas activities in a defined
geographic area, facilitate discussions about potential cumulative impacts
and identify measures to Minimize Adverse Impacts to public health,
safety, welfare, and the environment, including Wildlife Resources, from
such activities, Operators are encouraged to initiate and enter into
Comprehensive Drilling Plans, where feasible and with the agreement of
the involved Surface Owner(s).
10. A topographic map showing all surface waters and riparian areas within
one -thousand three -hundred twenty (1,320) feet of the proposed Oil and
Gas Location, with a horizontal distance and approximate bearing from
the Oil and Gas Location shall be attached.
C. Certification in the application that a SUA or other document, including, but
not limited to, a Memorandum of SUA or an affidavit by the Applicant, has
been executed by the Operator and the Surface Owner(s) of the property
where the Oil and Gas Location will be located, demonstrating that the
Operator and Surface Owner have agreed to an Oil and Gas Location. If no
SUA or other document is available at the time of applying for the 1041
WOGLA Permit, the Applicant shall proceed with the 1041 WOGLA Permit
process and shall provide a statement in the 1041 WOGLA Peiiiiit
application that it is currently in SUA, or other agreement negotiations, and
that it will provide any necessary financial security which may be required
by these 1041 WOGLA Regulations.
D. A statement which explains that the application complies with Article V and
Article XI of Chapter 23 of this Code, if the proposal is located within any
Overlay District Area or a Special Flood Hazard Area identified by maps
officially adopted by the County.
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F. A statement which provides evidence of compliance with the following
standards and the eveloprrient Standards set forth in Division 4 of this
rlicfle V:
1. Oil and gas facilities shall be located to minimize impact on agricultural
operations.
2. Dust control measures shall be employed as necessary during high traffic
periods for both on -site and off -site haul roads, including unpaved county
r ads when necessary and in consultation with the County's Department
of Public Works.
3. Traffic reduction measures shall be employed by perat•rs when
feasible, such as, utilizing fresh water supply Pipelines for completions
and the use of centralized storage facilities and/or transmission of crude
oil via Pipeline.
4. Haul routes shall be designated and developed in consultation with the
County. Municipalities, with roadways which are part of the haul routes,
should be included in such consultation.
5. Liquid and Slid tastes shall be stored and removed for final disposal in
a manner that protects against surface and Groundwater contamination.
See applicable Sections of Division 4 of this Article V.
6. The Oil and Gas Facility shall comply with the Stormwater and water
quality regulations set forth in Chapter 8 of this Code.
7. Noise from drilling, Completion activities, and production shall comply
with the noise limits set forth in Section 21-5-43S of this Article V.
8. Light sources shall be shielded or directed downward, and in a manner to
reduce impacts onto adjacent properties and dwellings. See Section 21-5-
405 of this rticle V.
9. Visual mitigation measures shall be considered and employed when
feasible. See Section 21-5-410 of this Article V.
10. Site security measures shall be employed as necessary.
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11. The ail and Gas Facility shall be maintained in such a manner to prevent
noxious weeds. See Section 21-5-400 of this Article V.
12O Weight limits. No travel vehicles associatedwith the 1041 WOGLA
Permit may exceed the weight restrictions set forth in Chapter 12, Article
III of this Cade for required specifications for poLinds=permaxle and axle
configurations unless overweight permits have been applied for and
granted by the epartment of Public Works.
13. If applicable, Right -of -Way (ROW) Permits issued by the Department of
Public Works pursuant to Chapter 8 of this Code, are required for any
work occurring within County ROW. No work within County ROW
shall occur without such ROW Permits being issued,
F. An access permit issued by the County's Department of Public Works
pursuant to the requirements of Chapter 8 of this Code is required prior to
commencement of drilling ctivities0 If the access point is under the
jurisdiction of a Local Government other than Weld County, proof of access
from such Local Government ("Authority hamming Jurisdiction" or 66AHJ") is
required.
G. A statement and drawing describing the size and approximate location of all
on -location Flowlines and oil and gas lines, and water Pipelines integral to
production, and connecting to the Oil and Gas Facility. A topographical
map showing all surface waters and riparian areas within one -thousand
three -hundred twenty (1,320) feet of the proposed Oil and Gas Location,
with a horizontal distance and approximate bearing from the Oil and Gas
location, shall be attached.
H. A statement describing the kind f vehicles (type, size, weight) that will
access the Oil and Gas Facility during drilling and Completion operations,
and a defined access route. This shall include a traffic narrative with the
following information;
10 The number of roundtrips/day expected for each vehicle type: passenger
cars/pickups, tandem trucks, semi-truck/trailer/RV (Roundtrip 1 trip in
and 1 trip out of site).
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2, The expected travel rutes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come
from the north, 20% from the south, 30% from the east, etc.),
4. The time of day when the highest traffic volumes are expected. If the
drilling waste (cuttings and fluids) will be disposed of on the Oil and Gas
Location, including a statement describing the location and disposal
method.
I. A certified list containing the names, addresses and the corresponding Parcel
Identification Numbers assigned by the County Assessor of Building Unit
and property owners within one -thousand three -hundred twenty (1,320) feet
of the Oil and Gas Location (including Schools and Child Care Centers).
The source of such list shall be the records of the County Assessor, or an
ownership update from a title, abstract company, or attorney derived from
such records, or from the records of the County Clerk and Recorder. If the
list was assembled from the records of the County Assessor, the Applicant
shall certify that such list was assembled within thirty (30) days of the
application submission dates
J. Where an authorized legal agent signs the application for the Oil and Gas
Facility on behalf of the Applicant, evidence of a power of attorney or other
authorization for the signature f the legal agent must be provided. If a copy
of the SUA is provided with the application, then the SUA fulfills the
requirement of providing an authorization form.
K. A Road Maintenance Agreement (RMA) or Comprehensive Road
Maintenance Agreements are required for a 1041 WOGLA Permit. If
applicable, an off -site Improvements Agreement executed by the Applicant
in accordance with the County policy and documents for collateral for
improvements shall also be required.
L. The Applicant shall consult with the field County office of hmergency
Management to put together an Emergency Action Plan.
M. A statement showing the Applicant has performed an analysis of reasonable
siting alternatives for the Oil and Gas Facility to determine if the chosen Oil
and Gas Location is the least impactful to the protect Weld County's
30
environment and wildlife and the health, safety and welfare of Weld
County's citizens.
N. The following information:
1. Measurements specifying the shortest distance between any Well or
Production Facility proposed or existing on the Oil and Gas Location and
the edge or corner of the nearest building, Building Unit, High
Occupancy Building Unit, the nearest boundary of a DOAA, and the
nearest public road, above ground utility, railroad, and property line.
2. A minimum of four (4) color photographs, one (1) of the staked location
from each cardinal direction shall be attached. Each photograph shall be
identified by: date taken, Well or location name, and direction of view.
3. A list of major equipment components to be used in conjunction with
drilling and operating the Well(s), including all Tanks, Pits, flares,
combustion equipment, separators, and other ancillary equipment and a
description of any Pipelines for oil, gas, or water.
4. The Natural Resources Conservation Service ("NRCS") soil map unit
description for the Oil and Gas Location.
5. For Reclamation purposes, the designation of the current Land Use(s)
and Surface Owner's designated final Land Use(s) and basis for setting
Reclamation standards. If the final Land Use includes residential,
industrial, commercial, or cropland and does not include any other Uses,
the Land Use should be indicated and no further information is needed.
If the final Land Use includes rangeland, forestry, recreation, or wildlife
habitat, then a Reference Area shall be selected and the following
information shall be attached:
a. A topographic map showing the location of the site, and the location
of the Reference Area; and
b. Four (4) color photographs of the Reference Area, taken during the
growing season of vegetation and facing each cardinal direction. Each
photograph shall be identified by date taken, Well or Oil and Gas
Location name, and direction of view. Such photographs may be
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submitted to IMPS any time up to twelve (12) months after the granting
of the 1041 GI,
6. Where the proposed Oil and Gas Location is for multiple Wells on a
single pad, a drawing showing proposed wellbore trajectory with bottom -
hole locations shall be attached.
7. A description of any Applicant -proposed BIVPs. With the consent of the
Surface Owner, this may include mitigation measures contained in a
relevant SUAB
8. Designation of whether the proposed Oil and Gas Location is within
Sensitive Wildlife Habitat or a Restricted Surface ccupancy Area.
9. An indication if an Army Corps of Engineers permit pursuant to 33
U.S.C.A. Sections 1342 and 1344 of the Water Pollution and Control Act
(Section 404 of the federal 66Clean Water Act") is required for the
construction of an Oil and Gas Location.
10. A map or soled aerial image depicting the Oil and Gas Location
boundary and proposed and existing Wells and production facilities in
proximity to any surrounding School Facility or Child Care Center,
including distances, and a statement indicating whether the School
G veming body requested consultation and whether, after consultation,
the School Governing Body and Operator reached agreement regarding
identification of a School Facility or Child Care Center.
11. Construction Layout Drawing. If the Oil and Gas Location disturbance is
to occur on lands with a slope ten percent (10%) or greater, or one (1)
foot of elevation gain or more in ten (10) foot distance, then the
foil wing information shall be attached:
a. Construction layout drawing (construcLion and peration); and
b. Location cross-section plot (construction and operation).
12. If the proposed Oil and Gas Location is within one -thousand (1,000) feet
of a Building Unit or within one -thousand three -hundred twenty (1,320)
of a School or Day Care Center, the following information shall be
attached:
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a. A Waste Management Plan; and
b. Evidence that Building Unit owners within the Buffer Zone received
the 1041 WOGLA Permit notice required by Section 21-5-320 B.,
above.
13. A statement describing who will provide fire protection to the site.
14. A scaled facility layout drawing depicting the location of all existing and
proposed new Oil and Gas Facilities covered by the application.
O. Such additional infotiiiation as may be required by DPS, including, but not
limited to, additional data as reasonably required by DPS resulting from
consultation with the Weld County Department of Public Health and
Environment or Colorado Parks and Wildlife.
Sec. 21-5-330. - DPS review of 1041 WOGLA Permit application.
DPS shall review the 1041 WOGLA Permit application to determine if it is
complete. Such review shall occur within seven (7) days of the filing of the
application. Upon completeness determination by the DPS Director, he or she
shall send notice of a hearing for the 1041 WOGLA Permit application before the
1041 WOGLA Hearing Officer to Building Unit owner(s) located within one -
thousand three -hundred twenty (1,320) feet or less of the Oil and Gas Location; to
the principal or senior administrator, and School Governing Body of any School or
Child Care Center within one -thousand three -hundred twenty (1,320) feet or less
from the Oil and Gas Location; and to the referral agencies listed below. Such
notification shall be mailed first-class by DPS at least thirty-seven (37) days prior
to the date of hearing. The DPS Director shall also prepare legal notice for the
hearing to be published in the newspaper designated by the Board of County
Commissioners for publication of notices. The date of publication shall be at least
thirty-seven (37) days prior to the date of hearing. The mailed and published
notice shall inform the reader that he or she may apply for intervention in the
manner set forth in Section 21-5-340 A.1, below.
DPS shall be responsible for the following:
A. Refer the application to the following agencies, when applicable, for review
and comment. The agencies named shall respond within twenty-eight (28)
33
days alter the mailing of the application by the County0 The failure of any
agency trespond within twenty-eight (28) days shall be deemed to be a
favorable response to the Planning Department. The reviews and comments
solicited by the County are intended to provide the County with information
about the proposed VVOGLA. The reviews and comments submitted by a
referral agency are recommendations to the 1041 WOGLA Hearing Officer:
1, The planning commission or governing body of any Local Government
whose boundaries are within one -thousand three -hundred twenty (1,320)
feet of the Oil and Gas Location.
2. The Weld County Department of Public Health and Knvironrrient.
3, The Weld bounty Department of Public Works.
4. The Colorado Parks and Wildlife.
5. The COGCC.
6. The appropriate fire district(s).
7. Any irrigation ditch company with irrigation structures of record that are
on, or adjacent to, the Oil and Gas Facility.
8. To any other agencies or individuals to whom IMPS deems a referral
necessary.
B. Prepare staff comments addressing all aspects of the application, its
conformance with the Weld County Code in effect at the time of filing of the
application, sound Land Use planning practices, comments received from
agencies to which the proposal was referred, and the standards contained in
Section 21-5-320 E. and Division 4 of this Article V. Such comments shall
be provided to the 1041 WOGLA �' Baring Officer for consideration as
evidence in the hearing.
C. Charge a reasonable fee that covers costs incurred by Weld County for PS
review of the application, holding the appropriate hearing, and performing
any necessary administrative tasks associated with the issuance of the 1041
OGLA Perrnit.
34
Sec. 21-5-340. - 1041 WOGLA Hearing.
A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit
Applicant and any person or entity who has been granted intervention by the
1041 WOGLA Hearing Officer shall have the right to participate foiiiially in
the 1041 WOGLA Hearing. The process for seeking intervention is as
follows:
1. Application for intervention must be received by the 1041 WOGLA
Hearing Officer no later than twenty (20) days prior to the 1041 WOGLA
Hearing. Application must be on the form included in the 1041 WOGLA
Notice of Hearing or on the form provided on the DPS website. Persons
who have standing to file application for intervention are limited to those
who have received the 1041 WOGLA Notice of Hearing by First Class
Mail or who have demonstrated that they would be directly, adversely
and significantly affected or aggrieved by the granting of the 1041
WOGLA Permit. Application for intervention must include the
following:
a. The docket number of the 1041 WOGLA Hearing;
b. Legal address of the person applying for intervenor;
c. The date of the application for intervention;
d. A general statement of the factual or legal basis for the protest or
intervention based on the application for intervention;
e. A description of the intended presentation including a list of proposed
witnesses; and
f. A time estimate to hear the protest or intervention.
2. All applications for intervention shall be granted or denied by the 1041
WOGLA Hearing Officer within ten (10) days of their receipt. Such
decision shall be communicated to the Applicant for intervention
electronically in a manner detei mined by the 1041 WOGLA Hearing
Officer.
35
3. Any statement provided by a person not granted intervention will be
considered a written comment to be included in the 1041 WOGLA
Hearing record but not considered by the 1041 WOGLA Hearing Officer
as evidence.
B. Conduct of 1041 WOGLA Hearing.
1. 1041 WOGLA Hearings shall be conducted informally with as few
technical requirements as possible. The 1041 WOGLA Hearing Officer
shall control the evidence taken during a hearing in a manner best suited
to fully and fairly develop the relevant evidence, safeguard the rights of
all parties, and ascertain the substantive rights of the parties based on the
merits of the issue(s) to be decided.
2. Participation by the parties and/or witnesses by telephone or other
electronic means shall be at the discretion of the 1041 WOGLA Hearing
Officer.
3. Postponements of hearings shall not be granted without the showing of
necessity by the 1041 WOGLA Hearing party requesting the
postponement.
C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the
1041 WOGLA Hearing, the 1041 WOGLA Hearing Officer shall:
1. Grant the 1041 WOGLA Permit if he or she determines that sufficient
evidence exists in the record that the standards set forth in Section 21-5-
320 E. and Division 4 of this Article V will be met.
2. Inform the participants of his or her decision. The decision of the 1041
WOGLA Hearing Officer shall be clearly set forth on the bottom of the
1041 WOGLA Permit application.
3. Inform the participants that such decision may be appealed to the Board
of County Commissioners pursuant to the appeal procedures set forth in
Section 2-4-10 of this Code.
D. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure
reasonable certainty, stability, and fairness in the Land Use planning process
and in order to stimulate economic growth, secure the reasonable
investment -backed expectations of landowners, and foster cooperation
36
between the public and private sectors in the area of Land Use planning, the
Board of County Commissioners declares and orders that an approved 1041
WOGLA Permit is an approved site specific development plan as that teiin
is defined in Section 23-8-20 of this Code and in Section 24-68-102(4)(a),
C.R.S. Therefore, an approved 1041 WOGLA Permit is a vested property
right, as defined in Section 23-8-20, upon the Completion of the notification
requirements set forth in Section 23-8-70 of this Code. Once noticed
pursuant to the requirements of Section 23-8-70, the approved 1041
WOGLA Permit confers upon the Operator the right to undertake and
complete the exploration and extraction of oil and gas in Weld County under
the terms and conditions set forth therein, pursuant to Section 24-68-
103(1)(c), C.R.S.
Sec. 21-5-350. — Compliance with 1041 WOGLA standards.
An Applicant for a 1041 WOGLA shall demonstrate conforrrrance with, and
shall continue to meet, the 1041 WOGLA standards approved and adopted by the
County. Noncompliance with the approved 1041 WOGLA standards may be
reason for rescission of the 1041 WOGLA by the Board of County Commissioners.
Sec. 21-5-360. — Changes and termination of use.
A. Major changes from the approved 1041 WOGLA Permit shall require the
approval of a new 1041 WOGLA Permit by the 1041 WOGLA Hearing
Officer. DPS is responsible for determining whether a major change exists,
in which case a new 1041 WOGLA application and processing shall be
required. Any other changes shall be filed in the DPS in the approved 1041
WOGLA file.
B. Construction pursuant to approval of a 1041 WOGLA shall be commenced,
and continual progress made within three (3) years from the date of
publication of announcing the approval of the 1041 WOGLA Petinit, or the
approval shall terminate. The DPS Director may grant an extension of time,
for good cause shown, upon a written request.
Sec. 21-5-370. — Rescission procedures.
A. If at any time following the approval of a 1041 WOGLA the DPS
detetrriines that one (1) or more of the 1041 WOGLA standards set forth in
Section 21-5-320 E. and Division 4 of this Article V have not been met, the
DPS Director shall notify the Operator of the Oil and Gas Facility of the
37
failure to meet the standard(s). The Operator will be given thirty (30) days
in which to cure the failure to comply with the standard(s). If at the end of
the thirty (30) days the failure to comply with the standards has not been
cured, a hearing shall be scheduled before the Board of County
Commissioners.
B. The Board of County Commissioners shall hold a public hearing to
determine if one (1) or more of the 1041 WOGLA standards set forth in
Section 21-5-320 E. and Division 4 of this Article V have not been met.
Upon such a finding, the Board may rescind the 1041 WOGLA and seek any
appropriate legal remedies to cease the USE of the Oil and Gas Facility.
Sec. 21-5-380. - Site investigation, Remediation, and closure.
A. General site investigation and Remediation requirements.
1. Sensitive Area Determination. Operators shall complete a Sensitive Area
determination in accordance with COGCC Rule 901.e.
2. Sampling and analyses. Sampling and analysis of soil and ground water
shall be conducted in accordance with COGCC Rule 910. to deteim _ ine
the horizontal and vertical extent of any contamination in excess of the
concentrations in Appendix 21-A.
3. Management of E&P Waste. E&P Waste shall be managed in accordance
with Section 21-5-450 of this Article V.
4. Pit evacuation. Prior to backfilling and site Reclamation, E&P Waste
shall be treated or disposed in accordance with Section 21-5-450 of this
Article V.
5. Remediation. Remediation shall be performed in a manner to mitigate,
remove, or reduce contamination that exceeds the concentrations in
Appendix 21-A in order to ensure protection of public health, safety, and
welfare, and to prevent and mitigate significant adverse environmental
impacts. Soil that does not meet concentrations in Appendix 21-A shall
be remediated. Ground water that does not meet concentrations in
Appendix 21-A shall be remediated.
38
6. Reclamation. Remediation sites shall be reclaimed in accordance with
Sections 21-5-545, 21-5-555, and 21-5-560 of this Article V.
7. Surface Owner's desires. Remediation by an Operator shall take into
consideration the wishes of the Surface Owner.
B. Workplan. Operators shall prepare and submit for prior DPS Director
approval a workplan for the following operations and Remediation activities:
1. Unlined Pit closure when required by COGCC Rule 905.
2. Remediation of Spills/Releases in accordance with COGCC Rule 906.
3. Land Treatment of oily waste in accordance with Section 21-5-450 of
this Article V.
4. Remediation of impacted ground water in accordance with COGCC Rule
910.b.(4).
C. Multiple sites. Remediation of multiple sites may be submitted on a single
workplan.
D. Closure.
1. Remediation and Reclamation shall be complete upon compliance with
the concentrations in Appendix 21-A, or upon compliance with an
approved workplan.
2. Notification of completion. Within thirty (30) days after conclusion of
site Remediation and Reclamation activities Operators shall provide
notification of completion to the DPS Director.
E. Release of Financial Assurance. Financial Assurance required by Section
21-5-445 may be held by the DPS Director until the required Remediation of
soil and/or ground water impacts is completed in accordance with the
approved workplan, or until cleanup goals are met.
39
Sec. 21-5-390. — Transferability of 1041 WOGLA Permits.
Once issued, 1041 WOGLA Peiiiiits are transferable to a new Operator. The
new Operator takes subject to all terms and conditions of the 1041 WOGLA Permit
and shall be considered the Responsible Party. Within thirty (30) days of transfer,
the new Operator shall notify the DPS Director and the Surface Owner in writing
of the name, business address, and other contact information of the new Operator.
Division 4 — 1041 WOGLA Permit Development standards.
Sec. 21-5-400. — Weed control.
During drilling, production, and Reclamation, all disturbed areas shall be kept
as free of all undesirable plant species designated to be noxious weeds as
practicable. Weed control measures shall be conducted in compliance with the
Colorado Noxious Weed Act, Sections 35-5.5-101, et seq., C.R.S. If applicable,
the 1041 WOGLA Hearing Officer may require a weed control plan.
Sec. 21-5-405. — Lighting.
To the extent practicable, site lighting shall be directed downward and inward
and shielded to avoid glare on public roads and Building Units within one
thousand three -hundred twenty (1,320) feet. The lumens associated with the site
lighting may be limited by the 1041 WOGLA Hearing Officer as a means of
providing mitigation.
Sec. 21-5-410. — Visual impact mitigation.
Production facilities, regardless of construction date, observable from any
public highway shall be painted with uniform, non -contrasting, non -reflective
color tones (similar to the Munsell Soil Color Coding System), and with colors
matched to but slightly darker than the surrounding landscape.
Sec. 21-5-415. — Fugitive dust.
Operators shall employ practices for control of fugitive dust caused by their
operations. Such practices shall include but are not limited to the use of speed
restrictions, regular road maintenance; restriction of construction activity during
high -wind days; and magnesium chloride, water, and silica dust controls when
handling sand used in hydraulic fracturing operations. Additional management
40
practices such as road surfacing, wind breaks and barriers, or automation of
Wells to reduce truck traffic may also be required if technologically feasible and
economically reasonable to minimize fugitive dust emissions.
Sec. 21-5-420. — Odor.
Oil and Gas Operations shall comply with the Colorado Department of Public
Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor
Emission, 5 C.C.R. 1001-4, Regulation No. 3 (5 C.C.R. 1001-5), and Section
XVII.B.1 (a -c) and Section XII of Regulation No. 7.
Sec. 21-5-425. — Production equipment and operations.
In addition to any applicable requirements set forth in this Article V, Operators
must comply with the requirements for production equipment and operations set
forth in COGCC Rule 805 b. (2).
Sec. 21-5-430. — Well Completions.
In addition to any applicable requirements set forth in this Article V, Operators
must comply with the requirements for Well Completions set forth in COGCC
Rule 805 b. (3).
Sec. 21-5-435. —Noise.
A. Oil and Gas Operations at any Well Site, Production Facility, or Gas
Facility shall comply with the following maximum permissible noise levels.
ZONE 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m.
Residential/ 55 db(A)
Agricultural/Rural
Commercial 60 db(A)
Light Industrial 70 db(A)
Industrial 80 db(A)
41
50 db(A)
55 db(A)
65 db(A)
75 db(A)
The type of Land Use of the surrounding area shall be determined by the DPS
Director. In the hours between 7:00 a,mo and the next 7:00 pmme the noise
levels permitted above may be increased ten (10) dB(A) for a period not to
exceed fifteen (15) minutes in any one (1) h.ur period. The allowable noise
level for periodic, impulsive or shrill noises is reduced by five (5) d(A)
from the levels shown.
B. Except for an Oil and Gas Location within a Designated Setback Location,
operations involving Pipeline or Gas Facility installation or maintenance,
the use of a drilling rig, Completion rig, workover rig, or stimulation is
subject to the maximum permissible noise levels for Light Industrial
:ones.
C. In remote locations, where there is no reasonably proximate occupied
structure or DAA, the light industrial standard may be applicable.
D. Pursuant to inspection or upon receiving a complaint from a nearby
property owner regarding noise related to Oil and Gas Operations, DPS
shall conduct an onsite investigation and take sound measurements as
prescribed herein.
H. The following provide guidance for the measurement of sound levels and
assignment of points of compliance for f°il and Gas Operations:
1. Sound levels shall be measured three hundred and fifty (3S0) feet from
the noise source. t the request of the complainant, the sound level
shall also be measured at a point beyond three hundred filly (350) feet
that the complainant believes is more representative of the noise
impact. If an oil and Gas Well Site, Production Facility, or Gas Facility
is installed closer than three hundred filly (350) feet from an existing
occupied structure, sound levels shall be measured at a point twenty-
five (25) feet from the structure towards the noise source Noise levels
from oil and gas facilities located on surface property owned, leased, or
otherwise controlled by the Operator shall be measured at three
hundred and fifty (350) feet or at the property line, whichever is
greater.
In situations where measurement of noise levels at three hundred and
fifty (350) feet is impractical or unrepresentative due to topography, the
measurement may be taken at a lesser distance and extrapolated to a
42
three -hundred fifty (350) foot equivalent using the following formula:
db(A) DISTANCE 2 = db(A) DISTANCE 1 — 20 x log 10 (distance
2/distance 1).
2. Sound level meters shall be equipped with wind screens, and readings
shall be taken when the wind velocity at the time and place of
measurement is not more than five (5) miles per hour.
3. Sound level measurements shall be taken four (4) feet above ground
level.
4. Sound levels shall be deteiiiiined by averaging minute -by -minute
measurements made over a minimum fifteen (15) minute sample
duration if practicable. The sample shall be taken under conditions that
are representative of the noise experienced by the complainant (e.g., at
night, morning, evening, or during special weather conditions).
5. In all sound level measurements, the existing ambient noise level from
all other sources in the encompassing environment at the time and
place of such sound level measurement shall be considered to
deteiniine the contribution to the sound level by the Oil and Gas
Operations.
F. In situations where the complaint or onsite inspection indicates that low
frequency noise is a component of the problem, the DPS Director shall
obtain a sound level measurement twenty-five (25) feet from the exterior
wall of the residence or occupied structure nearest to the noise source,
using a noise meter calibrated to the db(C) scale. If this reading exceeds 65
db(C), the DPS Director shall require the Operator to obtain a low
frequency noise impact analysis by a qualified sound expert, including
identification of any reasonable control measures available to mitigate
such low frequency noise impact. Such study shall be provided to the DPS
Director for consideration and possible action.
G. Exhaust from all engines, motors, coolers and other mechanized
equipment shall be vented in a direction away from all Building Units.
H. All Oil and Gas Facilities with engines or motors which are not electrically
operated that are within four hundred (400) feet of Building Units shall be
43
equipped with quiet design mufflers or equivalent. All mufflers shall be
properly installed and maintained in proper working order.
See. 21-5-440. Pollution.
The Operator shall take precautions to prevent significant adverse
environmental impacts to air, water, soil, or biological resources to the extent
necessary to protect public health, safety and welfare, including the environment
and Wildlife Resources, taking into consideration cost-effectiveness and technical
feasibility to prevent the unauthorized discharge or disposal of oil, gas, H&p
Waste, Chemical substances, trash, discarded equipment or other oil Field waste.
See. 21-5-445. — Financial Assurance requirements.
Prior to drilling or commencing any operations with heavy equipment, an
perator shall provide Financial Assurance to the County in the form of a surety
bond or other collateral acceptable to the DPS Director in the amount set forth
below to protect Surface Owners who are not parties to a lease, SUA or other
relevant agreement with the Operator from unreasonable crop loss or land damage
caused by Oil and Gas Operations. Financial Assurance for Surface Owner
protection shall not be required for operations conducted on state lands when a
bond has been filed with the State Board of Land Commissioners. The Financial
Assurance required by this Section shall be in the amount of two thousand dollars
($2,000) per Well for non -irrigated land, or five thousand dollars ($5,000) per Well
for irrigated land. In lieu of such individual amounts, Operators may submit
blanket Financial Assurance in the amount of twenty-five thousand dollars
($25,000). Any request for relief pursuant to such Financial Assurance must be
granted by the Board of County Commissioners upon application by the Surface
Owner. Corrective or remedial action performed by the Operator may be
considered by the DPS Director before and as part of any order to execute on the
Financial Assurance provided pursuant to this Section. The Financial ssurance
provided pursuant to this Section is not intended to limit any monetary award for
unreasonable crop loss or land damage that cannot be remediated or corrected.
Financial Assurance submitted to the DPS Director shall be held for safekeeping
by the Clerk to the Board of County Commissioners.
Sec. 21-5-450. — Management of E&P Waste.
44
A. General requirements.
1. Operator obligations. Operators shall ensure that E&P Waste is properly
stored, handled, transported, treated, recycled, or disposed to prevent
threatened or actual significant adverse environmental impacts to air,
water, soil or biological resources or to the extent necessary to ensure
compliance with the concentration levels listed in Appendix 21-A, with
consideration to ground water standards and classifications.
2. E&P Waste management activities shall be conducted, and facilities
constructed and operated, to protect the Waters of the State of Colorado
from significant adverse environmental impacts from E&P Waste, except
as permitted by applicable laws and regulations.
3. Reuse and recycling. To encourage and promote waste minimization,
Operators may propose plans for managing E&P Waste through
beneficial use, reuse, and recycling by submitting a written management
plan to the DPS Director for approval, if applicable. Such plans shall
describe, at a minimum, the type(s) of waste, the proposed use of the
waste, method of waste treatment, product quality assurance, and shall
include a copy of any certification or authorization that may be required
by other laws and regulations. The DPS Director may require additional
information.
B. Waste transportation.
1. E&P Waste, when transported off -site within Colorado for treatment or
disposal, shall be transported to facilities authorized by the COGCC
Director or permitted waste disposal facilities approved to receive E&P
Waste. When transported to facilities outside of Colorado for treatment
or disposal, E&P Waste shall be transported to facilities authorized and
permitted by the appropriate regulatory agency in the receiving state.
2. Waste generator requirements. Generators of E&P Waste that is
transported offsite shall maintain, for not less than five (5) years, copies
of each invoice, bill, or ticket and such other records as necessary to
document the following requirements:
a. The date of the transport;
45
b. The identity of the waste generator;
c. The identity of the waste transporter;
do The location of the waste pickup site;
e. The type and volume of waste; and
f The name and location of the treatment or disposal site.
Such records shall be signed by the transporter, made available for
inspection by the IMPS Director during normal business hours, and
copies thereof shall be furnished to the DPS Director upon request.
C. Produced water.
1. '1'Y eatment of produced water. Produced water shall be treated prior to
placement in a production Pit to prevent crude oil andcondensate from
entering the Pit.
20 Produced water disposal. Produced water may be disposed as follows:
a. Injection into a permitted Class II Well;
b. Evaporation/percolation in a properly permitted Pit;
c. disposal at permitted commercial facilities;
isposal by road -spreading on lease roads outside Sensitive Areas for
produced waters with less than 3,500 mg/1 TICS when authorized by
the Surface Owner and in accordance with an approved waste
management plan. Road -spreading of produced waters shall not
impact Waters of the U.S,, shall not result in pooling or runoff, and
the adjacent soils shall meet the concentration levels in Appendix 21-
A. Flowback fluids shall not be used fir dust suppression;
e. Discharging into Waters of the U.S., in accordance with the Water
Quality Control Act and the rules promulgated thereunder and
Chapter 8, Article X r this Code.
Operators shall provide the Colorado discharge permit number,
latitude and longitude coordinates of the discharge outfall, and sources
6
of produced water, and shall include a U.S.G.S. topographic map
showing the location of the discharge outfall.
Produced water discharged may be put to beneficial use in accordance
with applicable state statutes and regulations governing the use and
administration of water; or
f. Evaporation in a properly lined Pit at a centralized permitted E&P
Waste management facility.
3. Produced water reuse and recycling. Produced water may be reused for
enhanced recovery, drilling, and other approved uses in a manner
consistent with existing water rights and in consideration of water quality
standards and classifications established by the WQCC for Waters of the
U.S., Chapter 8, Article X of this Code, or any Point of Compliance
established by the DPS Director.
4. Mitigation. Water produced during operation of an oil or Gas Well may
be used to provide an alternative domestic water supply to Surface
Owners within the oil or gas Field, in accordance with all applicable
laws, including, but not limited to, obtaining the necessary approvals
from the WQCD for constructing a new "waterworks," as defined by
C.R.S Section25- l-107(1)(X)(II)(A). Any produced water not so used
shall be disposed of in accordance with subsection (2) or (3). Providing
produced water for domestic use within the meaning of this subsection
(4) shall not constitute an admission by the Operator that the Well is
dewatering or impacting any existing water Well. The water produced
shall be to the benefit of the Surface Owner within the oil and gas Field
and may not be sold for profit or traded.
D. Drilling fluids.
1. Recycling and reuse. Drilling Pit contents may be recycled to another
drilling Pit for reuse.
2. Treatment and disposal. Drilling fluids may be treated or disposed as
follows:
a. Injection into a permitted Class II Well;
47
b. Disposal at a commercial Solid Waste Disposal facility; or
c. Land Treatment or Land Application at a centralized permitted 14; P
Waste management facility.
3. Additional authorized disposal of water -based bentonitic drilling fluids0
Waterbased bentonitic drilling fluids may be disposed as follows:
a. Drying and burial in Pits on Non -Crop Land. The resulting
concentrations shall not exceed the cncentration levels in Appendix
21-A; or
b. Land Application as follows:
i. Applicability. Acceptable methods f Land Application include,
but are not limited to, Production Facility construction and
maintenance, and lease road maintenance.
110 Land Application requirements. The average thickness of
waterbased bentonitic drilling fluid waste applied shall be no m re
than three (3) inches prior to incorporation. The waste shall be
applied to prevent ponding or erosion and shall be incorporated as
a beneficial amendment into the native soils within ten (10) days of
application. The resulting concentrations shall not exceed those in
Appendix 21-A.
iii. Surface Owner approval. Operators shall obtain written
authorization from the Surface Owner prior to Land Application of
water -based bentonitic drilling fluids.
iv. perator obligations. operators shall maintain a record of the
source, the volume, and the location where the Land 1;pplication of
the water -based bentonitic drilling fluid occurred. Upon the DPS
irector's written request, this information shall be provided
within five (5) business days, in a format readily reviewable by the
DPS Director. Operators with control and authority over the ells
from which the water -based bentonitic drilling fluid wastes are
obtained retain responsibility for the Land Application operation
and shall diligently cooperate with the T)S Director in responding
48
to complaints regarding Land Application of water -based
bentonitic drilling fluids.
v. Approval. Prior approval by the DPS Director is not required for
reuse of waterbased bentonitic drilling fluids for Land Application
as a soil amendment.
E. Oily waste. Oily waste includes those materials containing crude oil,
condensate or other E&P Waste, such as soil, frac sand, drilling fluids, and
Pit sludge that contain hydrocarbons. Oily waste may be treated or disposed
as follows:
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Land Treatment onsite; or
3. Land Treatment at a permitted Centralized E&P Waste Management
Facility.
4. Land Treatment requirements:
a. In the case of a reportable Spill, Operators shall submit a Site
Investigation and Remediation Workplan for prior approval by the
DPS Director. Treatment shall thereafter be completed in accordance
with the approved Workplan.
b. Free oil shall be removed from the oily waste prior to Land
Treatment.
c. Oily waste shall be spread evenly to prevent pooling, ponding, or
runoff.
d. Contamination of Stormwater Runoff, ground water, or surface water
shall be prevented.
e. Biodegradation shall be enhanced by disking, tilling, aerating, or
addition of nutrients, microbes, water or other amendments, as
appropriate.
49
f. Land -treated oily waste incorporated in place or beneficially reused
shall not exceed the concentrations in Appendix 21-A0
g. When Land Treatment occurs in an area not being utilized fir ail and
Gas Operations, Operators shall obtain prior written Surface vvner
approval. When Land Treatment occurs on an approved Oil and Gas
Location prior to Completion of interim Reclamation or on the surface
disturbance remaining after interim Reclamation, notice shall be
provided to the Surface Owner.
ho Land Treatment shall be conducted in a manner that does not preclude
compliance with Reclamation requirements of this Article V.
. 'ther E&PWastes ether° I-i;&P Waste such as workover fluids, Tank
bottoms, pigging wastes from Pipelines, and gas gathering, processing, and
storage wastes may be treated or disposed of as follows:
1. Disposal at a permitted commercial Solid Waste Disposal facility;
2. Treatment at a permitted Centralized f4;&P Waste Management Facility;
3. Injection into a permitted Class II injection Well; or
4. An alternative method proposed in a waste management plan approved
by the IMPS Director,
Sec. 21-5-455. — Management of non -1;&P Waste.
A. Certain wastes generated by oil and gas -related activities are non-F&P
Wastes and are nt exempt from regulation as solid or hazardous wastes®
These wastes need to be properly identified and disposed of in accordance
with state and federal regulations.
Certain wastes generated by oil and gas -related activities can either be E&P
Wastes or non -14, ._ P Tastes depending on the circumstances of their
generation. The hazardous waste regulations require that a hazardous waste
determination be made for any non-E&P Solid Waste. Hazardous wastes
require storage, treatment, and disposal practices in accordance with 6
C.C.R. 1007-3. All non-hazardous/non-I _ a &P Wastes are considered Solid
Waste which require storage, treatment, and disposal in accordance with 6
C.C.R. 1007-2,
50
Sec. 21-5-460. — Pits - general and special rules.
Pits used for exploration and production of oil and gas shall comply with
COGCC Rules 320, 902, 903, 904, 905, and 911.
Sec. 21-5-465. — Spills and Releases.
Operators shall comply with the rules regarding Spills and Releases set forth in
COGCC Rule 906.
Sec. 21-5-470. — Concentrations and sampling for soil and ground water.
Operators shall comply with the rules regarding concentrations and sampling
for soil and ground water set forth in COGCC Rule 318A c. and/or Rule 910, if
applicable.
Sec. 21-5-475. — Venting or flaring natural gas.
Operators shall comply with the rules regarding venting or flaring natural gas
set forth in COGCC Rule 912.
Sec. 21-5-480. — Dealings with Surface Owners.
A. Notice. Unless the following is otherwise addressed in the SUA or
Memorandum of SUA, the following notices to the Surface Owner shall
occur:
1. Surface Owner Notice. Not less than thirty (30) days in advance of
commencement of operations with heavy equipment for the drilling of a
Well, Operators shall provide the to the Surface Owner a Notice stating:
a. The Operator's name and contact information for the Operator or its
agent;
b. A site diagram or plat of the proposed Well location and any
associated roads and production facilities;
c. The date operations with heavy equipment are expected to commence;
and
51
de The name and contact information for the Weld County LGD.
The Surface wner Notice shall be delivered by hand; certified mail,
return -receipt requested; or by other delivery service with receipt
confirmation. Electronic mail may be used if the Surface miner has
approved such use in writing.
2. Notice of subsequent Well operations. An Operator shall provide to the
Surface Owner or agent at least seven (7) days advance notice of
subsequent Well operations with heavy equipment that will materially
impact surface areas beyond the existing access road or ell Site, such
as recompleting or stimulating the Well.
3, Notice during irrigation season. If a Well is to be drilled on irrigated
Crop Lands between March 1 and October 31, the Operator shall contact
the Surface Owner or agent at least fourteen (14) days prior to
commencement of operations with heavy equipment to coordinate
drilling operations to avoid unreasonable interference with irrigation
plans and activities.
4. Final Reclamation notice. Not less than thirty (30) days before any final
eclamation operations are to take place, the Operator shall notify the
Surface owner. Final Reclamation operations shall mean those
eclamation operations to be undertaken when a Well is to be plugged
and abandoned or when production facilities are to be permanently
removed. Such notice is required only where final Reclamation
operations commence more than thirty (30) days after the C.rnpletion of
a Well. In preparing for final Reclamation and Plugging and
Abandonment, the Operator shall use its best efforts to consult in good
faith with the affected Surface Owner (or the tenant when the Surface
Owner has requested that such consultation be made with the tenant).
Such good faith consultation shall allow the Surface Owner (or appointed
agent) the opportunity to provide comments concerning preference for
timing of such operations and all aspects of final Reclamation, including,
but not limited to, the desired final Land Use and seed mix to be applied.
Se Tenants. With respect to the notices listed in this Section, it shall be the
responsibility of the notified Surface Owner to give notice of the
proposed operation to the tenant farmer, lessee, or other party that may
52
own or have an interest in any crops or surface improvements that could
be affected by such proposed operation.
6. Waiver. Any of the notices required herein may be waived in writing by
the Surface Owner, its agent, or, provided that a waiver by a Surface
Owner or its agent shall not prevent the Surface Owner or any successor -
in -interest to the Surface Owner from rescinding that waiver if such
rescission is in accordance with applicable law.
B. Location signage. The Operator shall, concurrent with the Surface Owner
Notice, post a sign not less than two -feet by two -feet at the intersection of
the lease road and the public road providing access to the Well Site, with the
name of the proposed Well, the legal location thereof, and the estimated date
of commencement. Such sign shall be maintained until Completion
operations at the Well are concluded.
Sec. 21-5-485. — Setbacks.
A. Wells.
1. Unless the Oil and Gas Location fits into one of the other categories
listed below, at the time of initial drilling, a Well shall be located not less
than two hundred (200) feet from buildings, the current or future exterior
ROW line of County roads, major above ground utility lines, or railroads.
2. A Well shall be located not less than one hundred fifty (150) feet from a
surface property line. The 1041 WOGLA Hearing Officer may grant an
exception if it is not feasible for the Operator to meet this minimum
distance requirement and a waiver is obtained from the offset Surface
Owner(s).
B. Buffer Zone Setback: No Well or Production Facility within one -thousand
(1,000) feet or less from a Building Unit.
C. Exception Zone Setback: No Well or Production Facility within five -
hundred (500) feet or less from a Building Unit.
D. High Occupancy Building Unit: No Well or Production Facility within one -
thousand (1,000) feet or less from a High Occupancy Building Unit.
53
E. Designated Outside Activity rea ("DOAA99): No Well or Production
Facility within one -thousand (1,000) feet or less from the boundary of a
DOA
F. School Facility and Child Care Center Setback: No Well or Production
Facility within one -thousand (1,000) feet or less from a School Facility or
Child Care tenter, unless the relevant school Governing Body agrees in
writing to the location of the proposed Well or Production Facility.
H;xisting Oil and Gas Locations. Where the Oil and Gas Location is located
within a Designated Setback Location solely as a result of uilding Units
being constructed after the Oil and Gas Location was constructed, the
Director may grant an exception to setbacks when a Well or Production
Facility is proposed to be added to an existing or approved Oil and Gas
Location if the director determines alternative locations outside the
applicable setback are teeanically or economically impracticable and
sufficient mitigation measures are in place to protect public health, safety,
and welfare.
H. The areas within these setbacks are known as the "Designated Setback
Location." Oil and Gas Locations within the Designated Setback Locatin
may occur if the 1041 WOGLA Hearing Officer is satisfied that the
Operator will employ specific mitigation measures sufficient to eliminate,
minimize or mitigate potential adverse impacts to public health, safety,
welfare, the environment, and wildlife to the maximum extent technically
feasible and economically practicable. Such mitigation measures shall be a
condition of approval of the 1041WOGLA Permit.
I. For a School Facility or Child Care Center, the 1041 WOGLA Hearing
Officer may allow a Well or Production Facility within one -thousand three -
hundred twenty (1,320) feet or less if he or she determines that potential
locations outside the applicable setback are technically infeasible or
economically impracticable and sufficient mitigation measures are in place
to protect public health, safety, and welfare. For an Exception Zone Setback
in an Urban Mitigation Area, the operator must submit a waiver from each
Building Unit owner within five hundred (500) feel of the proposed Oil and
Gas Location and the 1041 WOGLA Hearing Officer must determine that
potential locations outside the applicable setback are technically infeasible
54
or economically impracticable and sufficient mitigation measures are in
place to protect public health, safety, and welfare.
J. The measurement for determining any Designated Setback Location shall be
the shortest distance between any existing or proposed Well or Production
Facility on the Oil and Gas Location and the nearest edge or corner of any
Building Unit, nearest edge or corner of any High Occupancy Building Unit,
or nearest boundary of any DOAA.
K. Surface development pursuant to a SUA or site specific development plan.
A Surface Owner or Building Unit owner and mineral Owner or mineral
lessee may agree to locate future Building Units closer to existing or
proposed Oil and Gas Locations than otherwise allowed pursuant to a valid
SUA or site specific development plan (as defined in Section 24-68-
102(4)(a), C.R.S., that establishes vested property rights as defined in
Section 24-68-103, C.R.S.) that expressly governs the location of Wells or
production facilities on the surface estate.
Sec. 21-5-490. — Mitigation measures in Designated Setback Locations.
The following requirements apply to Oil and Gas Locations within Designated
Setback Locations:
A. Encroaching development. An Operator is not responsible for mitigation
measures in areas where encroaching development has entered a designated
setback for the permitted Oil and Gas Location following the issuance of a
1041 WOGLA Permit.
B. Designated Setback Locations. In addition to the mitigation measures
agreed to between the Operator and the persons or entities noticed pursuant
to Section 21-5-320 B. of this Article V, the following mitigation measures
shall apply in Designated Setback Locations:
1. Noise. Operations involving Pipeline or Gas Facility installation or
maintenance, or the use of a drilling rig, are subject to the maximum
permissible noise levels for the Light Industrial Zone, as measured at the
nearest Building Unit. Short-term increases shall be allowable as
described in Section 21-5-435 of this Article V.
55
20 Operators shall comply with the requirements set forth in COGCC Rule
604 c. (2) e (closed loop drilling systems — Pit restrictions), Rule 604 co
(2) Co (green Completions — emission control systems), Rule 604 c. (2) E
(multi -Well pads), Rule 604 c. (2) F. (leak detection plan), Rule 604 c.
(2) G. (berm construction), '' ule 604 c. (2) H. ( E), Rule 604 c, (2) I.
(BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for Well
servicing operations), Rule 604 c, (2) K. (Pit level indicators), Rule 604
c. (2) L. (drill stem tests), Rule 604 c. (2) M. (fencing requirements),
Rule 604 c. (2) N. (control of fire hazards), Rule 604 c, (2) 0. (loadlines),
Rule 604 c, (2) P. (removal of surface trash), Rule 604 c. (2) . guy line
anchors), pule 604 C. (2) e (Tank specifications), Rule 604 c. (2) S.
access roads), Rule 604 c. (2) T. (Well Site cleared), Rule 604 c. (2) U.
(identification of plugged and abandoned Wells), Rule 604 ca (2) V.
(development of existing Well pads).
C. Exception Zone Setback. In addition to all items listed in Section 21-5-490
above, the following berm construction shall be required within the
I-4;xception Zone Setback:
1, Containment berms shall be constructed of steel rings, esigned and
installed to prevent leakage and resist degradation from erosion or
routine operation.
2. Secondary containment areas for Tanks shall be constructed with a
synthetic or engineered liner that contains all primary containment
vessels and Flowlines and is mechanically connected to the steel ring to
prevent leakage.
3. For locations within five hundred (500) feet and upgradient of a surface
water body, tertiary containment, such as an earthen berm, is required
around Production Facilities.
4. In an Urban Mitigation Area Exception Zone Setback, no more than two
(2) crude oil or condensate storage Tanks shall be located within a single
berm.
D. Large UMA Facilities. In addition to all items listed in Section 21-5-490 C,,
above, the following mitigation measures will be required for all Large
LJIVIA acilities, regardless of whether the Large UMA Facility is in the
uffer done or the Exception Z ne:
56
1. Required BMPs.
a. Fire, explosion, Chemical, and toxic emission hazards, including
lightning strike hazards.
b. Fluid leak detection, repair, reporting, and record keeping for all
above and below ground on -site fluid handling, storage, and
transportation equipment.
c. Automated Well shut in control measures to prevent gas venting
during emission control system failures or other upset conditions.
d. Zero flaring or venting of gas upon Completion of flowback,
excepting upset or emergency conditions, or with prior written
approval from the Director for necessary maintenance operations.
e. Storage Tank pressure and fluid management.
f. Proppant dust control.
2. Site specific mitigation measures to address the specific concerns of
persons who received a 1041 WOGLA notice, as determined by the 1041
WOGLA Hearing Officer.
Sec. 21-5-495. — Safety requirements.
Operators shall comply with the safety rules set forth in COGCC Rules 603 b.,
603 c., 603 d., and 603 e.
Sec. 21-5-500. — Floodplain requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this
Code if the proposal is located within any Overlay District Area or a Special Flood
Hazard Area identified by maps officially adopted by the County.
57
Sec, 21-5-505. — Stormwater management.
As part of the application fora 1041 WO('xLf1 Permit, an Operator must apply
for, be granted and comply with applicable required Stormwater management and
discharge permits required pursuant to Chapter 8 of this Code.
Sec. 21-5-510. — Equipment, weeds, waste, and trash management requirements.
All locations, including Wells and surface production facilities, shall be kept
free of the following: equipment, vehicles, and supplies not necessary for use on
that lease; weeds; rubbish, and other waste material. The burning or burial of such
material on the premises shall be performed in accordance with applicable local,
state, or federal Solid Waste Disposal regulations and must be approved by the
CDPHE; before burning begins. In addition, material may be burned or buried
on the premises only with the prior written consent of the Surface Owner.
Sete 21-5-515. — Equipment anchoring requirements.
11 equipment at drilling and production sites in geological hazard areas and
Floodplains shall be anchored. chors must be engineered to support the
equipment and to resist flotation, collapse, lateral movement, or subsidence, and
must comply with all requirements of any necessary geologic hazard
recommendations and/or Flood Hazard 'development Permit.
Sec. 21-5-520. — Buffer Zone move -in, rig -up ("MIRU99) notice.
At least 30 days, but no more than 90 days, before the move -in, rig -up
("MIRU99) of a drilling rig, the Operator shall provide 1VIIRI: Notice to all Building
Unit owners within the puffer Z ne if: (i) it has been more than one year since the
previous nstice or since drilling activity last occurred, or (ii) notice was not
previously required.
A. Weld County Assessor records may be used to identify the persons entitled
to MIRU Notice. MIRU Notice shall be delivered by hand; certified mail,
with return -receipt requested; electronic mail, with return receipt requested;
or by other delivery service with receipt confirmation.
Ihe MIRU Notice must include:
58
1. A statement informing the Building Unit owner that the Operator intends
to MIRU a drilling rig to drill Wells within 1000 feet of their Building
Unit;
2. The Operator's contact information;
3. The location of the proposed Wells (Quarter -Quarter, Section, Township,
Range, County);
4. The approximate street address of the proposed Well locations (Street
Number, Name, City);
5. The name and number of the proposed Wells, including the WOGLA
permit number;
6. The anticipated date (Day, Month, Year) the drilling rig will MIRU; and
7. The Weld County LGD's address and telephone number.
C. A Building Unit owner entitled to receive MIRU Notice may waive their
right in writing at any time.
Sec. 21-5-525. — Protection of Wildlife Resources.
A. The 1041 WOGLA Hearing Officer shall determine whether conditions of
approval are necessary to Minimize Adverse Impacts from the proposed Oil
and Gas Operations in the identified Sensitive Wildlife Habitat or Restricted
Surface Occupancy Area. For purposes of this rule, the tei in "Minimize
Adverse Impacts" shall mean, wherever reasonably practicable, to:
1. Avoid adverse impacts from Oil and Gas Operations on Wildlife
Resources;
2. Minimize the extent and severity of those impacts that cannot be avoided;
3. Mitigate the effects of unavoidable remaining impacts; and
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4. Take into consideration cost-effectiveness and technical feasibility
regarding actions taken and decisions made to Minimize Adverse
Impacts to Wildlife Resources.
B. In selecting conditions of approval from such MPs or other sources, the
1041 WOGLA Hearing Officer shall consider the following factors, among
other considerations:
1. The BMPs for the producing geologic basin in which the Oil and Gas
Location is situated;
2. Site -specific and species -specific factors of the proposed new Oil and
Gas Location;
3. Anticipated direct and indirect effects of the proposed l and Gas
Location on Wildlife Resources;
4, The extent to which conditions of approval will promote the use of
existing facilities and reduction of new surface disturbance;
5. The extent to which legally accessible, technologically feasible, and
economically practicable alternative sites exist for the proposed new Oil
and Gas Location;
6. The extent to which the proposed Oil and has Operations will use
technology and practices which are protective of the environment and
Wildlife Resources;
7. The extent to which the proposed Oil and Gas Location minimizes
surface disturbance and habitat fragmentation;
8. The extent to which the proposed Oil and Gas Location is within Land
Used for residential, industrial, commercial, agricultural, or other
purposes, and the existing disturbance associated with such use.
Sec. 21-Sm530o — Other general operating requirements regarding wildlife
protection.
Subject to exception by the IMPS Director for site specific reasons and BMPs,
the operating requirements identified below shall apply in all areas.
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To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan
new transportation networks and new oil and gas facilities to minimize
surface disturbance and the number and length of oil and gas roads and
utilize common roads, rights of way, and access points to the extent
practicable, consistent with these rules, an Operator's operational
requirements, and any requirements imposed by federal and state land
management agencies, Weld County's regulations, and SUAs and other
Surface Owner requirements, and taking into account cost effectiveness and
technical feasibility.
ii. Establish new staging, refueling, and Chemical storage areas outside of
riparian zones and Floodplains.
iii. Use minimum practical construction widths for new rights -of -way where
Pipelines cross riparian areas, streams, and critical habitats.
Sec. 21-5-535. — Requirements in Restricted Surface Occupancy Areas.
A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum
extent technically and economically feasible when planning and conducting
new oil and gas development operations, except:
1. When authorized by or specifically exempted by Colorado Parks and
Wildlife following consultation;
2. When authorized by a Comprehensive Drilling Plan;
3. Upon demonstration that the identified habitat is not in fact present; or
4. In the event of situations posing a risk to public health, safety, welfare, or
the environment.
B. New ground disturbing activities are to be avoided in Restricted Surface
Occupancy Areas, including construction, drilling and Completion, non -
emergency workovers, and Pipeline installation activity, to Minimize
Adverse Impacts to Wildlife Resources. Production, routine maintenance,
repairs and replacements, emergency operations, Reclamation activities, or
habitat improvements are not prohibited in Restricted Surface Occupancy
Areas. Notwithstanding the foregoing, non -emergency workovers, including
uphole recompletions, may be performed with prior approval of the DPS
61
Director on a schedule that minimizes adverse impacts to the species for
which the Restricted Surface Occupancy Area exists.
Sec. 21-5m540. — General operating requirements in Sensitive Wildlife Habitat and
Restricted Surface Occupancy Areas.
A. Subject to exception by the 1041 WOGLA Hearing Officer for site specific
reasons and MPs, within Sensitive Wildlife Habitat and Restricted Surface
Occupancy Areas, Operators shall comply with the following operating
requirements:
1. During Pipeline construction for trenches that are left open for more than
five (5) days and are greater than five (5) feet in width, install wildlife
crossovers and escape ramps where the trench crosses well-defined game
trails and at a minimum of one quarter (1/4) mile intervals where the
trench parallels well-defined game trails.
2. Inform and educate employees and contractors on wildlife conservation
practices, including no harassment or feeding of wildlife.
3. C.nsolidate new facilities to minimize impact to wildlife.
4. Minimize rig mobilization and demobilization where practicable by
completing or recompleting all Wells from a given Well pad before
moving rigs to a new location,
5. To the extent practicable, share and consolidate new corridors for
Pipeline rights -of -way and roads to minimize surface disturbance.
6. Engineer new Pipelines to reduce Field fitting and reduce excessive
right-of-way widths and Reclamation.
7. Use boring instead of trenching across perennial streams considered
critical fish habitat.
8. Treat waste water Pits and any associated Pit containing water that
provides a medium for breeding mosquitoes with Bti (Bacillus
thuringiensis israelensis) or take other effective action to control
mosquito larvae that may spread West Nile Virus to wildlife, especially
grouse.
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9. Use wildlife appropriate seed mixes wherever allowed by Surface
Owners and regulatory agencies.
10. Mow or brushhog vegetation where appropriate, leaving root structure
intact, instead of scraping the surface, where allowed by the Surface
Owner.
11. Limit access to oil and gas access roads where approved by Surface
Owners, surface managing agencies, or Local Government, as
appropriate.
12. Post interior speed limits and caution signs to the extent allowed by
Surface Owners, as appropriate.
13. Use wildlife -appropriate fencing where acceptable to the Surface Owner.
14. Use topographic features and vegetative screening to create seclusion
areas, where acceptable to the Surface Owner.
15. Use remote monitoring of Well production to the extent practicable.
16. Reduce traffic associated with transporting drilling water and produced
liquids through the use of Pipelines, large Tanks, or other measures
where technically feasible and economically practicable.
Sec. 21-5-545. — General Reclamation requirements.
A. Surface restoration. The surface of the land shall be restored as nearly as
practicable to its condition at the commencement of drilling operations,
including topsoil restoration and protection.
B. DPS Director deteitiiination. When the DPS Director has reasonable cause
to believe that a proposed oil and gas operation could result in a significant
adverse environmental impact on any air, water, soil, or biological resource,
the Director shall conduct an onsite inspection and may request a hearing
before the Board of County Commissioners to rescind the 1041 WOGLA
Permit and execute on Financial Assurance to protect the public health,
safety and welfare, including prevention of significant adverse
environmental impacts.
63
C. Surface Owner waiver, The Surface Owner has the right tai waive
Reclamation requirements set forth in Sections 21-5-545, 21-5-555, and 21-
5-560 of this Article V, unless such Reclamation is deemed necessary to
protect public health, safety and welfare, environment and wildlife of Weld
County, as determined by the DPS Director.
Sec0 21-5-550. — Site preparation and stabilization.
A. Fencing requirements.
1. Fencing of drill sites and access roads on Crop Lands. During drilling
operations on Crop q ,ands, when requested by the Surface Owner, the
operator shall delineate each drillsite and access road on Crop Lands
constructed after such date by berms, single strand fence, or other
equivalent method to discourage unnecessary surface disturbances.
2. Fencing of reserve Pit when livestock is present. During drilling
operations where livestock is in the immediate area and is not fenced out
by existing fences, the Operator, at the request of the Surface Owner, will
install a fence around the reserve Pit.
3. Fencing of Well Sites. After Completion of drilling operations, where
livestock is in the immediate area and is not fenced out by existing
fences, the operator, at the request of the Surface Owner, will install a
fence around the wellhead, Pit, and production equipment to prevent
livestock entry.
B. Soil removal and segregation.
1. Soil removal and segregation on cropland. As to all excavation
operations undertaken on Crop Land, the Operator shall separate and
store soil h.rizons separately from one another and mark or document
stockpile locations to facilitate subsequent Reclamation. When separati:ig
soil horizons, the operator shall segregate horizons based upon noted
changes in physical characteristics such as organic content, color, texture,
density, or consistency. Segregation will be performed to the extent
practicable to a depth of six (6) feet or bedrock, whichever is shall vvera
64
2. Soil removal and segregation on non -cropland. As to all excavation
operations undertaken on Non -Crop Land, the Operator shall separate
and store the topsoil horizon or the top six (6) inches, whichever is
deeper, and mark or document stockpile locations to facilitate subsequent
Reclamation. When separating the soil horizons, the Operator shall
segregate the horizon based upon noted changes in physical
characteristics such as organic content, color, texture, density, or
consistency.
3. Horizons too rocky or too thin. When the soil horizons are too rocky or
too thin for the Operator to practicably segregate, then the topsoil shall be
segregated to the extent practicable and stored. Too rocky shall mean
that the soil horizon consists of greater than thirty five percent (35%) by
volume rock fragments larger than ten (10) inches in diameter. Too thin
shall mean soil horizons that are less than six (6) inches in thickness. The
Operator shall segregate remaining soils on Crop Land to the extent
practicable to a depth of three (3) feet below the ground surface or
bedrock, whichever is shallower, based upon noted changes in physical
characteristics such as color, texture, density or consistency and such
soils shall be stockpiled to avoid loss and mixing with other soils.
C. Protection of soils. All stockpiled soils shall be protected from degradation
due to contamination, compaction and, to the extent practicable, from wind
and water erosion during drilling and production operations. BMPs to
prevent weed establishment and to maintain soil microbial activity shall be
implemented.
D. Drill pad location. The drilling location shall be designed and constructed to
provide a safe working area while reasonably minimizing the total surface
area disturbed. Consistent with applicable spacing orders and Well location
orders and regulations, in locating drill pads, steep slopes shall be avoided
when reasonably possible. The drill pad site shall be located on the most
level location obtainable that will accommodate the intended use. If not
avoidable, deep vertical cuts and steep long fill slopes shall be constructed to
the least percent slope practical. Where feasible, Operators shall use
directional drilling to reduce cumulative impacts and adverse impacts on
Wildlife Resources.
E. Surface disturbance minimization.
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1 o In order to reasonably minimize land disturbances and facilitate future
Reclamation, Well Sites, production facilities, gathering Pipelines, and
access roads shall be located, adequately sized, constructed, and
maintained so as to reasonably contrail dust and Minimize Erosion,
alteration of natural features, removal of surface materials, and
degradation due to contamination.
2. Operators shall avoid or minimize impacts to wetlands and riparian
habitats to the degree practicable.
3. Where practicable, Operators shall consolidate facilities and Pipeline
rights -of -way to Minimize Adverse Impacts to Wildlife Resources,
including fragmentation of wildlife habitat, as Well as cumulative
impacts.
4. Access roads. Existing roads shall be used to the greatest extent
practicable to avoid erosion and minimize the land area devoted to Oil
and Gas Operations. Roadbeds shall be engineered to avoid or minimize
impacts to riparian areas or wetlands to the extent practicable.
Unavoidable impacts shall be mitigated. Road crossings of streams shall
be designed and constructed to allow fish passage, where practicable and
appropriate. Where feasibly and practicable, Operators are encouraged to
share access roads in developing a Field. Where feasible and practicable,
roads shall be routed to complement other land usage. To the greatest
extent practicable, all vehicles used by the Operator, contractors, and
other parties associated with the Well shall not travel outside of the
original access road boundary. Repeated or flagrant instance(s) of failure
to restrict lease access to lease roads which result in unreasonable land
damage or crop losses shall subject the 1041 WOGLA Permit to
rescission by the Board of County Commissioners pursuant to Section
21-5-370.
Sec. 21-5-555. — Interim Reclamation.
A. GeneraL Debris and waste materials other than de minimis amounts,
including, but not limited to, concrete, sack bentonite and other drilling mud
additives, sand plastic, pipe and cable, as Well as equipment associated with
the drilling, re-entry, or Completion operations shall be removed. All N,P
66
Waste shall be handled according to Section 21-5-450 of this Article V. All
Pits, cellars, rat holes, and other bore holes unnecessary for further lease
operations, excluding the drilling Pit, will be backfilled as soon as possible
after the drilling rig is released to confrm with surrounding terrain. On
Crop Land, if requested by the Surface Owner, guy line anchors shall be
removed as soon as reasonably possible after the Completion rig is released.
When permanent guy line anchors are installed, it shall riot be mandatory to
remove them. When permanent guy line anchors are installed on cropland,
care shall be taken to minimize disruption or cultivation, irrigation, or
harvesting operation. If requested by the Surface Owner or its
representative, the anchors shall be specifically marked, in addition to the
marking required below, to facilitate farming operations. All guy line
anchors left buried for future use shall be identified by a marker of bright
color not less than four (4) feet in height and not greater than one (1) foot
east of the guy line anchor.
B. Interim Reclamation of areas no longer in - use All disturbed areas affected
by drilling or subsequent operations, except areas reasonably needed for
production operations or for subsecuent drilling operations to be
commenced within twelve (12) months, shall be reclaimed as early and as
nearly as practicable to their original condition or their final Land Use as
designated by the Surface Owner and shall be maintained to control dust and
Minimize Erosion to the extent practicable. As to Crop Lands, if subsidence
occurs in such areas additional topsoil shall be added to the depression and.
the land shall be re -leveled as close to its original contour as practicable.
Interim Reclamation shall occur no later than three (3) months on Crop Land
or six (6) months on Non -Crop Land after such operations unless the DPS
Director extends the time period because f conditions outside the control of
the Operator. Areas reasonably needed fir production operations or for
subsequent drilling operations to be commenced within twelve (12) months
shall be compacted, covered, paved, or otherwise stabilized and maintained
in such a way as to minimize dust and erosion to the extent practicable.
C. Compaction alleviation. All areas compacted by drilling and subsequent Oil
and Gas Operations which are nlonger needed following Completion of
such aerations shall be gross -ripped. Can Crop Land, such compaction
alleviation operations shall be undertaken when the soil moisture at the time
f ripping is below thirty-five percent (35%) of Field capacity. Ripping
shall be undertaken to a depth of eighteen (18) inches unless and to the
extent bed rock is encountered at a shallower depth.
67
D. Drilling it closure. As part of interim Reclamation, Drilling Pits shall be
closed in the following manner:
1, Drilling Pit closure on Crop Land and within 100 -year loodplain. On
Crop Land or within the 100 -year Floodplain, water -based bentonitic
drilling fluids, except de minimis amounts, shall be removed from the
drilling Pit and disposed of in accordance with Section 21-5-450 of this
Article V. Operators shall ensure that soils meet the concentration levels
of Appendix 21-A. Drilling Pit Reclamation, including the disposal of
drilling fluids and cuttings, shall be performed in a manner to not result
in the formati.n of an impermeable barrier0 Any cuttings removed from
the Pit for drying shall be returned to the Pit prior to backfilling, and no
more than de minimis amounts may be incorporated into the surface
materials. After the drilling Pit is sufficiently dry, the Pit shall be
backfilled. The backfilling of the drilling Pit shall be done to return the
soils to their original relative positions. Closing and Reclamation of
drilling Pits shall occur no later than three (3) months after drilling and
Completion activities conclude.
2. Drilling it closure on Non -Crop Land. All drilling fluids shall be
disposed of in accordance with section 21-5-450 of this Article V.
Operators shall ensure that soils meet the concentration levels of
Appendix 21-A, fter the drilling Pit is sufficiently dry, the Pit shall be
backfilled. Materials removed from the Pit for drying shall be returned to
the Pit prior to the backfilling, No more than de naanznaas amounts may be
incorporated into the surface materials. The backfilling of the drilling Pit
will be done to return the soils to their original relative positions so that
the muds and associated solids will be confined to the Pit and not
squeezed out and incorporated in the surface materials. Closure and
Reclamation f rilling Pits shall occur no later than six (6) months after
drilling and Completion activities conclude, weather permitting.
3. Minimum cover. On Crop Lands, a minimum of three (3) feet of backfill
cover shall be applied over any remaining drilling Pit contents. As to
both Crop Lands and Non -Crop Lands, during the two (2) year period
following drilling Pit closure, if subsidence occurs over the closed
drilling Pit 1.cation additional topsoil shall be added to the depression
68
and the land shall be re -leveled as close to its original contour as
practicable.
E. Restoration and revegetation. When a Well is completed for production, all
disturbed areas no longer needed will be restored and revegetated as soon as
practicable.
1. Revegetation of Crop Lands. All segregated soil horizons removed from
Crop Lands shall be replaced to their original relative positions and
contour and shall be tilled adequately to re-establish a proper seedbed.
The area shall be treated if necessary and practicable to prevent invasion
of undesirable species and noxious weeds, and to control erosion. Any
perennial forage crops that were present before disturbance shall be re-
established.
2. Revegetation of Non -Crop Lands. All segregated soil horizons removed
from Non -Crop Lands shall be replaced to their original relative positions
and contour as near as practicable to achieve erosion control and long-
term stability and shall be tilled adequately to establish a proper seedbed.
The disturbed area then shall be reseeded in the first favorable season
following rig demobilization. Reseeding with species consistent with the
adjacent plant community is encouraged. In the absence of an agreement
between the Operator and the affected Surface Owner as to what seed
mix should be used, the Operator shall consult with a representative of
the local soil conservation district to determine the proper seed mix to
use in revegetating the disturbed area. In an area where an Operator has
drilled or plans to drill multiple Wells, in the absence of an agreement
between the Operator and the affected Surface Owner, the Operator may
rely upon previous advice given by the local soil conservation district in
determining the proper seed mixes to be used in revegetating each type of
terrain upon which operations are to be conducted. Interim Reclamation
of all disturbed areas no longer in use shall be considered complete when
all ground surface disturbing activities at the site have been completed,
and all disturbed areas have been either built on, compacted, covered,
paved, or otherwise stabilized in such a way as to Minimize Erosion to
the extent practicable, or a uniform vegetative cover has been established
that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses
with total percent plant cover of at least eighty percent (80%) of pre -
disturbance levels or Reference Areas, excluding noxious weeds. Re-
seeding alone is insufficient.
69
3. Interim Reclamation Completion. The Operator shall notify the BPS
Director with a description of the interim eclamation prcedures and
any associated mitigation measures performed, any changes, if applicable
in the landowner's designated final Land Use, and at a minimum four (4)
photographs taken during the growing season facing each cardinal
direction which document the success of the interim Reclamation and one
(1) photograph which documents the total cover of live perennial
vegetation of adjacent or nearby undisturbed land or the Reference Area.
Each photograph shall be identified by date taken, Well name, UPS
location, and direction of view.
4. Temporary Access Permits. If a temporary access permit is associated
with a drillsite, the temporary access will be reclaimed in accordance
with Chapter 12, Article V of this Code.
Sec. 21-5-560. — Final Reclamation of Well Sites and associated production
facilities,
A. Well Sites and associated production facilities. Upon the Plugging and
Abandonment of a Well, all Pits, mouse and rat holes and cellars shall be
backfilled. All debris, abandoned Gathering Line Risers and Flowline
Risers, and surface equipment shall be removed within three (3) months of
plugging a Well. All access roads to plugged and abandoned wells and
associated production facilities shall be closed, graded and recontoured.
Culverts and any other obstructions that were part of the access roads) shall
be removed. Well locations, access roads and associated facilities shall be
reclaimed. As applicable, compaction alleviation, rest ration, and
revegetation of Well Sites, associated production facilities, and access reads
shall be performed to the same standards as established for interim
Reclamation under Section 21-5-555, above° All other equipment, supplies,
weeds, mbbish, and other waste material shall be removed. The burning or
burial of such material on the premises shall be performed in accordance
with applicable local, state, or federal Solid Waste Disposal regulations. In
addition, material may be burned or buried on the premises only with the
prior written consent of the Surface Owner. All such Reclamation work shall
be completed within three (3) months on Crop Land and twelve (12) months
on Non -Crop Land after plugging a well or final closure of associated
production facilities. The Director may grant an extension where unusual
70
circumstances are encountered, but every reasonable effort shall be made to
complete Reclamation before the next local growing season.
B. Production and special purpose Pit closure. The Operator shall comply with
the Section 21-5-450 of this Article V for the removal or treatment of E&P
Waste remaining in a production or special purpose Pit before the Pit may be
closed for final Reclamation. After any remaining E&P Waste is removed
or treated, all such Pits must be back -filled to return the soils to their original
relative positions. As to both Crop Lands and Non -Crop Lands, if
subsidence occurs over closed Pit locations, additional topsoil shall be added
to the depression and the land shall be re -leveled as close to its original
contour as practicable.
C. Final Reclamation threshold for release of Financial Assurance. Successful
Reclamation of the Well Site and access road will be considered completed
when:
1. On Crop Land, Reclamation has been performed and the DPS Director
has determined there has been no significant unrestored subsidence over
two growing seasons.
2. On Non -Crop Land, Reclamation has been perfoiiiied and disturbed areas
have been either built on, compacted, covered, paved, or otherwise
stabilized in such a way as to Minimize Erosion to the extent practicable,
or a uniform vegetative cover has been established that reflects pre -
disturbance or Reference Area forbs, shrubs, and grasses with total
percent plant cover of at least eighty percent (80%) of pre -disturbance or
Reference Area levels, excluding noxious weeds, as determined by the
DPS Director. The DPS Director shall consider the total cover of live
perennial vegetation of adjacent or nearby undisturbed land, not
including overstory or tree canopy cover, having similar soils, slope and
aspect of the reclaimed area.
3. Disturbances resulting from flow line installations shall be deemed
adequately reclaimed when the disturbed area is reasonably capable of
supporting the pre -disturbance Land Use.
4. The Operator has notified the DPS Director describing the final
Reclamation procedures, any changes, if applicable, in the landowner's
71
designated final Land Use, and any mitigation measures associated with
final Reclamation performed by the Operator, and a final Reclamation
inspection has been completed by DPS, there are no outstanding
compliance issues as determined by the DPS Director.
D. Final Reclamation of all disturbed areas shall be considered complete when
all activities disturbing the ground have been completed, and all disturbed
areas have been either built upon, compacted, covered, paved, or otherwise
stabilized in such a way as to Minimize Erosion, or a uniform vegetative
cover has been established that reflects pre -disturbance or Reference Area
forbs, shrubs, and grasses with total percent plant cover of at least eighty
percent (80%) of pre -disturbance or Reference Area levels, excluding
noxious weeds, or equivalent permanent, physical erosion reduction methods
have been employed. Re -seeding alone is insufficient.
EXHIBIT INVENTORY CONTROL SHEET
ORD2019-10 - IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF
THE WELD COUNTY CODE
Exhibit Submitted By Description
A. Bruce Barker Changes at 2nd Reading
Kyle W. Davenport, Senate Bill 19-181 and
Senior Asst Attorney Local government 1041
B. General regulations
PDC agrees with comments from
C. Dave Kulmann, PDC Chad Calvert, Noble Energy
D.
E.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
2019-2137
ORD2019-10
Sec. 21-5485. Setbacks.
A. Wells.
1. Unless the Oil and Gas Location fits into one of the other categories listed below, at the
time of initial drilling, Well shall be located not less than two hundred (200) feet from
buildings, the current or future exterior ROW line of County roads, major above ground
utility lines, or railroads.
2. A Well shall be located not less than one hundred fifty (150) feet from a surface property
line. The 1041 WOGLA Hearing Officer may grant an exception if it is not feasible for the
Operator to meet this minimum distance requirement and a waiver is obtained from the
offset Surface Owner(s).
Building Lnit Setback: No Well or Production Facility within five -hundred (500) feet or less
from a Building Unit. For an exception from the Building Unit Setback, the Operator may
submit a waiver from each Building Unit owner within five hundred (500) feet of the proposed
Oil and Gas Location to be approved by the 1041 WOGLA Hearing Officer. Alternatively, the
1041 WOGLA Hearing Officer may approve an exception by determining that potential
locations outside the 500 -foot setback are technically infeasible or economically impracticable
and sufficient mitigation measures (including, but not limited to, BMP's) will be employed to
protect public health, safety, and welfare.
C. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1,000) feet
or less from a High Occupancy Building Unit.
D. Designated °Atside Activity Area ("DO '): No Well or Producti n Facility within ,ne-
thousand (1,000) feet or less from the boundary of a DOAA.
E. School Facility and Child Care Center Setback: No Well or Production Facility within one -
thousand (1,000) feet or less from a School Facility or Child Care Center, unless the relevant
School Governing Body agrees in writing to the location of the proposed Well or Production
Facility.
F. Existing Oil and Gas Locations. Where the Oil and Gas Location is located within a Designated
Setback Location solely as a result of Building Units being constructed aft-rr the Oil and Gas
Location was constructed, the Director may grant an exception to setbacks when a Well or
Production Facility is proposed to be added to an existing or approved Oil and Gas Location
if the OGED Director determines alternative locations outside the applicable setback are
technically or economically impracticable and sufficient mitigation measures are in place t0
protect public health, safety, and welfare. itvP° o t€4t.)
G. The areas within these setbacks are known as the "Designated Setback Location." Oil and
Gas Locations within the Designated Setback Location may occur if the 1041 GLA
Hearing fficer is satisfied that the Operator will employ specific mitigation measures
sufficient to eliminate, minimize or mitigate potential adverse impacts to public health, safety,
welfare, the environment, and wildlife to the maximum extent technically feasible and
economically practicable. Such mitigation measures shall be a condition of approval of the
1041 WOG L{, Permit.
:.
H. For a School Facility or Chub. Care Center, the 1041 W' 'GL Hearing Officer may llow
Well or Production Facility within one -thousand three -hundred twenty (1,320) feet or less if he
or she determines that potential locations outside the applicable setback are technically
infeasible or economically impracticable and sufficient mitigation measures (including, but not
limited to, BMP's) sire in place to protect public health, safety, and welfare.
rift
I. The measurement for determining any Designated Setback Location shall be the shortest
distance between any existing or proposed Well or Production Facility on the Oil and Gas
Location and the nearest edge or corner of any Building Unit, nearest edge or corner of any
High Occupancy Building Unit, School Facility, or nearest boundary of any DOAA.
J. Surface development pursuant to a SUA or site -specific development plan. A Surface Owner
or Building Unit owner and mineral Owner or mineral lessee may agree to locate future
Building Units closer to existing or proposed Oil and Gas Locations than otherwise allowed
pursuant to a valid SUA or site specific development plan (as defined in Section 24-68-
102(4)(a), C.R.S., that establishes vested property rights as defined in Section 24-68-103,
C.R.S.) that expressly governs the location of Wells or production facilities on the surface
estate.
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Bruce Barker
Monday, July 22, 2019 8:27 AM
Commissioners; CTB; Tom Parko Jr.; Jason Maxey
FW: Letter re: Senate Bill 19-181 and local government 1041 regulations
2019-07-22 Letter to Weld County Signed (FINAL).pdf
Please include in record for Ord. 2019-10.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Kyle Davenport <Kyle.Davenport@coag.gov>
Sent: Monday, July 22, 2019 8:02 AM
To: Bruce Barker <bbarker@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Subject: Letter re: Senate Bill 19-181 and local government 1041 regulations
Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Mr. Barker,
Please see the attached letter.
Thank you,
Kyle
Kyle W. Davenport
Senior Assistant Attorney General
Natural Resources & Environment Section
ozo /9-- O2/ 57
PHIL WEISER
Attorney General
NATALIE H;\NLON LEH
Chief Deputy Attorney General
JUNE TAYLOR
Chief Operating Officer
ERIC R. OLSON
Solicitor General
Mr. Bruce Barker, Esq.
Weld County Attorney
bbarker@co.weld.co.us
RALPH L. C:ARR
COLORADO 1UDIC1.-u. CENTER
1300 Broadway. 10th Floor
Denver. Colorado 80203
Phone ( 7 20) 508-0000
STATE OF COLORADO Natural Resources and
DEPARTMENT OF LAW Environment Section
July 22, 2019
VIA Electronic Mail ONLY
RE: Senate Bill 19-181 and local gocernrnent 1041 regulations
Dear Mr. Barker:
This office represents the Colorado Oil and Gas Conservation Commission
("COGCC"), and we are providing these comments from the COGCC on its
behalf. Because Weld County ("County") is considering new oil and gas
regulations following its designation of unincorporated Weld County as a
mineral resource area of state interest, the COGCC recognizes the need to
clarify the scope and breadth of its regulatory authority over oil and gas
development. As set forth in SB19-181, the COGCC continues to have
regulatory authority over oil and gas locations in unincorporated Weld County.
SB19-181 provides a framework for the COGCC to partner and work
collaboratively with local governments to ensure efficient and effective
regulation of oil and gas development to protect public health, safety. and
welfare, and the environment and wildlife resources. Specifically. SBT9-181
recognizes the ability of both the COGCC and local governments to regulate oil
and gas operations in the state: "Local governments and state agencies,
including the [COGCC] ... , have regulatory authority over oil and gas
development." § 34-60-131. This builds on pre-existing law providing that state
commissions, including the COGCC, may require permits for development in
areas designated by local governments as areas of state interest. § 24-65.1-108.
While SB 19-181 provides local governments with siting authority over oil
and gas surface locations, it does not diminish the COGCC's authority to
regulate the orderly development of oil and gas throughout the state. To the
Page 2
contrary. SB19-181 reaffirms the critical role for the COGCC in numerous
places.
Under SB19-181, the COGCC "is directed to regulate the development and
production of the natural resources of oil and gas in the state of Colorado in a
manner that protects public health, safety. and welfare." § 34-60-102(1)(a)(I). To
that end. SB19-181 maintains that the COGCC has "jurisdiction over all persons
and property, public and private. necessary to enforce this article 60, the power
to make and enforce rules and orders pursuant to this article 60. and to do
whatever may reasonably be necessary to carry out this article 60." § 34-60-
105(1)(a). SB19-181 also provides that the COGCC "shall require ... that no
operations for the drilling of a well for oil and gas shall be commenced without
first ... obtaining a permit from the [COGCC]. under rules prescribed by the
[COGCC]." § 34-60-106(1)(f)(I)(B). In short. SB19-181 does not restrict, and in
some ways expands, the COGCC's long-standing authority to regulate oil and
gas development in Colorado.
The COGCC is aware that the County believes that oil and gas locations
in unincorporated Weld County will not require an approved Form 2A, Oil and
Gas Location Assessment, from the COGCC. Under SB19-181, local
governments may impose regulations that are "more protective or stricter than
state requirements." but they are not authorized to bypass the COGCC's
regulations. § 34-60-131. That principle applies in this case.
Pursuant to SB19-181, the COGCC will continue to require approved
Form 2A and Form 2 permits in unincorporated Weld County. Doing so will
ensure that the COGCC complies with its mandate under SB19-181 to "regulate
oil and gas operations in a reasonable manner to protect and minimize adverse
impacts to public health, safety, and welfare, the environment, and wildlife
resources." § 34-60-106(2.5)(a). In the County's draft regulations. it states that
where there are inconsistencies between the County's regulations and the
COGCC's regulations, the County's regulations would control. Weld County
Draft Regulations, Sec. 21-5-40(B)(7). In order to ensure that all oil and gas
development meets the requirements of SB19-181, the COGCC will continue to
require compliance with its regulations even if its regulations are inconsistent
with the County's regulations.
The COGCC does not intend to interfere with the County's promulgation
of its own regulations regarding the siting of oil and gas locations. At the same
time, the COGCC recognizes its obligation to regulate the oil and gas
development to ensure the protection of health, safety. welfare. the environment
and wildlife resources. Regulation of oil and gas development is most effective
when the State and local governments work together. and the COGCC looks
Page 3
forward to working with the County and other local governments in a manner
that advances the goals of SB19-181.
Sincerely,
FOR THE COLORADO OIL AND GAS
CONSERVATION yOMMISSION
FKYLE W. ih4r NPORT
Senior Assistant Attorney General
Natural Resources & Environment Section
Attorney for the Colorado Oil and Gas
Conservation Commission
cc: COGCC Director Jeff Robbins
Commissioners of the COGCC
Cheryl Hoffman
From:
Sent:
To:
Subject:
Comments from Dave Kulmann.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Monday, July 22, 2019 9:11 AM
Commissioners; Jason Maxey; Tom Parko Jr.; CTB
FW: [EXTERNAL] :Weld County Code Ordinance 2019-10 - 3rd Reading - 1041 WOGLA
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Dave Kulmann <Dave.Kulmann@pdce.com>
Sent: Saturday, July 20, 2019 7:13 AM
To: Jason Maxey <jmaxey@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: RE: [EXTERNAL] :Weld County Code Ordinance 2019-10 - 3rd Reading 1041 WOGLA
Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Jason/Bruce,
Thanks for sending this out. Chad Calvert sent you three items yesterday as outlined below. PDC agrees with these
comments from Chad. On the third issue, during the operator meeting we had a few weeks back it did seem to gain
traction with Public Works to allow an access permit for permanent access roads to last for three years if operators
agreed to send Weld County a notice of construction when the road was being constructed. We would very much like to
see that happen if possible. Thanks and see you Monday.
FROM NOBLE
1. Setbacks — in Sec. 21-5-485 (B..J) — by continuing to reference "Production Facility," a defined term, the new
Weld ordinance would create setbacks from all flowlines including off -location flowlines. In the event that this is
1
unintentional, the language could be remedied without searching for a new defined term by simply stating that
the setback distances contained in this section do not apply to flowlines.
2. Reclamation — in Sections 21-5-555 and 21-5-560 — we would ask for some clarification about whether it is the
intent of the Board of Commissioners to attempt to enforce these standards on existing wells that were not
permitted under the new code. Noble does not disagree with the standards, but we have a very active plugging
and reclamation program for legacy vertical wells — we are on track to P&A nearly 700 wells this year — and any
delays caused by misalignment of state and local standards for existing wells could frustrate our ability to
remove these old facilities from neighborhoods. In some cases it could cause delays in the development of new
horizontal production. Noble would suggest that it be made clear in the record — if not in the ordinance itself that it is the intent of the Board to apply these new Weld standards to facilities permitted under the new code.
3. Access Permits — in Sec. 21-5-320(F) — Noble would support the Board modifying the applicable provisions in the
code to provide for an access permit that aligns in time with the WOGLA. Since obtaining an access permit is a
pre -condition of the WOGLA, it does not make sense to have the permanent access permit expire prior to the
expiration of the WOGLA.
PDC
ENERGY
Dave Kulmann
Senior Community Relations Manager
1775 Sherman Street, #3000
Denver, Colorado 80203
Direct: 303-381-9330
Cell: 720-210-4024
dave.kulmann@pdce.com
www.pdce.com
From: Jason Maxey <jmaxey@weldgov.com>
Sent: Friday, July 19, 2019 5:49 PM
To: Mike Rodine <michael.rodine@nblenergy.com>; Dave Kulmann <Dave.Kulmann@pdce.com>; Ryan Antonio
<Ryan.Antonio@nblenergy.com>; Abigail Wenk <AWenk@bisonog.com>; Craig Rasmuson
<CRasmuson@srcenergy.com>; Brian DeRose <bderose@srcenergy.com>; Bruce Barker <bbarker@weldgov.com>; Tom
Parko Jr. <tparko@weldgov.com>; Mendoza -Cooke, Kimberly <Kimberly.Mendoza-Cooke@anadarko.com>; 'Elizabeth
Knowles' <Elizabeth.Knowles@anadarko.com>; Kaitlin Schwartz <Kaitlin.Schwartz@pdce.com>; Tammy L. Waters
<Tammy.Waters@pdce.com>; Venessa Chase <Venessa.Chase@pdce.com>; Sheila Singer <ssinger@hpres.com>;
Johanna Ostrum <ostrum@extractionog.com>; Curt Moore <cmoore@extractionog.com>; Josh B. Wagner
<Josh.Wagner@pdce.com>; ryan.seastrom@coga.org; Andrew Casper <Andrew.Casper@COGA.org>; Melissa Luke
(mluke@hpres.com) <mluke@hpres.com>; Doug Dennison (ddennison@hpres.com) <ddennison@hpres.com>; Matt
Barber <mbarber@hpres.com>; Austin Akers <AAkers@bisonog.com>; Bonnie Lamond <blamond@extractionog.com>;
Kelsi Welch <kwelch@extractionog.com>; Tyler Sims <J.Tyler.Sims@pdce.com>; Keiser, Nathan
<Nathan.Keiser@anadarko.com>; Brian Miller <Brian.Miller@nblenergy.com>; Dan Kearney
<Dan.Kearney@nblenergy.com>
Subject: [EXTERNAL] :Weld County Code Ordinance 2019-10 - 3rd Reading - 1041 WOGLA
Good afternoon,
Attached is Weld County Code Ordinance 2019-10, which will be on the Board of County Commissioner's
agenda for third and final reading on Monday, July 22nd.
Thank you,
2
Jason S. Maxey
Director / Local Government Designee
Oil & Gas Energy Department
1555 N 17th Ave.
Greeley, CO 80631
j maxeyweldgov.com
Direct: (970) 400-3579
**Beginning August 5th, 2019, our address will change!**
The new address will be:
1301 N 17th Ave.
Greeley, CO 80631
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
Hello